THE BOURNE FIRM
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How to not get kicked back.
Referrals are great for business as a general rule. They can be highly problematic, however, in the context of a federal health care program if value is provided in exchange. Here are a few tips to help you avoid being kicked back:
- Will good intentions pave the way? Federal law requires a knowing or willful violation. Knowing, however, has been interpreted sometimes to mean not knowledge of any specific law, but rather knowledge simply of unlawful conduct.
Receipt or payment not necessary. A mere offer or solicitation can constitute a violation. Actual receipt or payment is not necessary. A direct correlation is not required,.
Cash is not always king. A payment need not be in cash. It may be, for example, a prize. Anything of value is sufficient.
It's not just a purchase. A lease qualifies, as well as a purchase of items, services or facilities, in whole or part under a federal health care program.
Violations of anti-kickback law can be criminal. If you do not comply with this law, you may go to jail. And that's a severe kick back.