​​​​​​​​​​​​​​​​​ THE BOURNE FIRM

​​​​​​​​​​​​​​Experienced on-demand general counsel for small to mid-sized companies not yet ready for full-time general counsel. 

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Contact  : jon@thebournefirm.com  (  303.765.2436
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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.

HEALTHCARE.
THE BOURNE BRIEFS.
THE BOURNE FIRM.