False Claims Act Expertise
Thomas M. Greene recently testified before Congress on the False Claims Act, drawing on two decades of experience.
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Stark Law Violations

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The federal Stark Law prohibits healthcare providers from referring patients to other healthcare providers with which they have a financial relationship.  To receive payment from Medicare or Medicaid, healthcare providers must certify that they are in compliance with federal laws and regulations, including the Stark Law.  Falsely certifying compliance with the Stark Law may be violation of the FCA.

Example

In 2010, Rush University Medical center settled an FCA case for over $1.5 million for allegedly entering into improper financial relationships with physicians in a violation of the Stark Law.  Specifically, the complaint alleged that Rush entered into leasing arrangements with two individual physicians and three physician practice groups.  In order for a leasing arrangement to be lawful under the Stark Law, it must be written, signed by the parties, and represent a fair market value of the leased space.  The law is designed to prevent leasing arrangements where doctors overpay for space in exchange for patient referrals from the hospital.  Rush’s leasing arrangements did not meet these legal requirements, and Rush was ultimately liable under the FCA for falsely certifying compliance with the Stark law.  The whistleblowers in this case received an award of $270,760.

 

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