Stark + AKS Final Regulations

The final rules for changes to the Stark Law and Anti-Kickback Statute (healthcare fraud & abuse laws) have been published and go into effect on January 19, 2020. Of course, health lawyers love this stuff, but it could impact other practice areas too.

Transaction attorneys, you already know to be very careful if your transaction or arrangement, in any way, involves a hospital, doctor, or any other healthcare provider or entity. Even if your deal does not involve a healthcare provider, but could impact reimbursement by any federal program, these statutes may be implicated.

Litigators, these statutes can apply to your cases too. If your case involves one of these improper payments or an improper business structures, you might have a contractual avoidance theory available to you, if youโ€™re the defendant, or an additional claim of fraud, if you are the plaintiff.

The key point is that these statutes can apply in ways that donโ€™t seem immediately obvious.

Source: Stark + AKS Final Regulations

Published by Wade Emmert

Wade Emmert is a board certified health law attorney with more than 25 years of experience. He is a partner in the Dallas law firm of Carrington, Coleman, Sloman & Blumenthal, L.L.P. Please contact Wade at (214) 855-3040 or at wemmert@ccsb.com.