Compliance (Fraud and Abuse, Stark)
Oberman Law Firm’s Health Care attorneys use their knowledge and experience to help clients identify, avoid, and (when necessary) resolve difficult regulatory compliance issues. Our top priority is to assist clients in order to avoid compliance problems. In this regard, we regularly advise our clients on structuring transactions and day-to-day operations that maximize their business goals while minimizing compliance risks.
We also recognize that potential noncompliance (whether actual or just alleged) can occur. We provide practical and effective strategies to clients who have identified compliance problems. Our solutions are based upon our experiences in law and regulations, and our deep understanding of the health care industry.
Our compliance work includes:
- Development of joint venture structures that address business realities and legal requirements
- Counseling clients on operational and contract issues that are impacted by fraud and abuse laws
- Ensuring that complex health care transactions comply with all applicable state and federal law including but not limited to the federal Anti-kickback Statute, the Stark law, state self-referral laws, licensure laws, and reimbursement requirements
- Development of physician compensation models and programs
- Practical analysis and solutions for potential Stark noncompliance
- Advice and counseling regarding identified overpayments, including practical methods for repaying overpayments in a manner that minimizes risk of unwarranted governmental scrutiny
- Responding to state and federal surveys and inspections, including developing plans of correction (and appeals, when strategic)
- Responding to inquiries from state licensure boards
- Responding to audits of Medicare and Medicaid
- Coordinating and assisting with complex coding, billing, and reimbursement issues
- Solutions for issues related to individuals who are excluded from federal health care programs
- False Claims Act