![]() Advocates for Ambulatory surgery centers claim the risk of infection is less than in a hospital setting. Ambulatory surgery centers are generally more convenient for patients. Many Ambulatory surgery centers are closer to where the physician practices, sometimes in the same building. Many other types of relationships and agreementsĪmbulatory surgery centers (ASC) are modern health care facilities where patients can get same day surgical care – instead of having to stay overnight at a hospital.Certain types of investments such as investments in publicly traded companies, “underserved areas,” and group practices where all the “active investors” are licensed medical professionals.Some of the safe harbors in the Anti-Kickback Statute include: Many relationships between medical practitioners and medical companies may fail to meet the Anti-Kickback Statute’s prohibitions for other reasons. Medical practitioners should understand that there is no mandatory requirement to meet safe harbor. Many of the relationships medical device companies and pharmaceutical companies have with physicians could also violate the Anti-Kickback Statute. Without safe harbors, many of the relationships physicians and nurses have with hospitals would violate the Anti-Kickback Statute. Experienced healthcare lawyers can explain what actions and relationships qualify for safe harbor protection. The Anti-Kickback Statute laws do create “safe harbors,” which are ways/conduct that won’t qualify as violations of the Anti-Kickback Statute. Safe harbors to the anti-kickback statute Violators may also be precluded from working with Medicare, Medicaid, or any federal health care program. Physicians who violate the Anti-Kickback Statute may lose their right to practice medicine. ![]() Fines can be substantial and the violator will need to return any improperly received payments – reimburse the federal health care program directly or through the Department of Justice. Violators can be given a criminal record and a prison sentence. The Anti-Kickback Statute is a federal law. Remuneration is fairly broad in scope and essentially includes anything of value. Medicare and Medicaid are the two prime examples of Federal health care programs that pays for services, goods, and facilities. The federal anti-kickback statute (AKS) is violated if the scheme is indirect or direct, cover or overt, and for cash or an in-kind return. Buying, ordering, leasing (or recommending buying, ordering, or leasing) any service, good, or facility (in whole or in part) for which payment for that service, good, or facility is made by a Federal healthcare program.Refer a patient for services or any item for which the payment for that service or item is made (in whole or in part) by a Federal health care agency or.The Anti-Kickback Statute (AKS) forbids physicians from knowingly and willfully soliciting, paying, offering, or accepting remuneration to: MANAGEMENT SERVICES ORGANIZATIONS (MSOS).HEALTHCARE FACILITIES (HOSPITALS, LABS, DME, IMAGING).DIETARY SUPPLEMENT & NUTRACEUTICAL COMPANIES.CONCIERGE & DIRECT PRIMARY CARE MEDICAL PRACTICES.COMPLEMENTARY & INTEGRATIVE MEDICINE PROVIDERS.BIOTECHNOLOGY & LIFE SCIENCES COMPANIES.BEHAVIORAL & MENTAL HEALTHCARE PROVIDERS AND LIFE COACHES.ANTI-AGING & FUNCTIONAL MEDICINE PRACTICES.Medical Device & Mobile Medical App Issues.Management Services Organizations (MSO) Issues.M&A (Acquisitions & Sales of Healthcare Businesses).Fraud & Abuse (Anti-Kickback, Fee-Splitting, Stark).
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