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The AKS is a criminal law that prohibits the knowing and willful payment of "remuneration" to induce or reward patient referrals or the generation of business involving any item or service payable by the Federal health care programs (e.g., drugs, supplies, or health care services for Medicare or Medicaid patients).
Julie Dickinson MBA, BSN, RN, LNCC is a board-certified legal nurse consultant who has worked in the medical-legal sector since 2008. Prior to her current position as a Risk Manager at VA Connecticut Healthcare System, she worked for a law firm and a professional liability insurance company on the defense of medical malpractice cases and licensure investigations.
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The Supreme Court also has addressed health care issues in areas as diverse as antitrust laws, drug safety, and religious freedom. Some health care cases implicate the doctrine of preemption, which provides that federal laws supersede conflicting state laws. For example, the Employee Retirement Income Security Act of 1974 (ERISA) generally ...
May 22, 2023 · Many criminal activities that affect reproductive health care providers constitute crimes at the federal, state, and local level. Many jurisdictions have local ordinances for trespassing, disorderly conduct, and stalking, for example, that may overlap with coverage of that same conduct by a federal statute.
Federal and State laws that apply to health care fraud. Health Care Fraud Statute The Health Care Fraud Statute makes it a criminal offense to knowingly and . willfully execute a scheme to defraud a health care benefit program. Health care fraud is punishable by imprisonment for up to 10 years. It is also subject to criminal fines of up to ...
Mar 29, 2024 · The Anti-Kickback Law or Anti-Kickback Statute (AKS) is a federal criminal law that forbids kickbacks in federal health care programs. This law aims to protect patients and eliminate waste, abuse, and health care fraud from federal health care programs. These programs include, but are not limited to, the following: Medicare program.
Jul 2, 2018 · And remember: Ignorance of the law does not limit an individual’s liability. Anne M. Murphy, Esq., is a partner in the health care group of Hinckley Allen. Laura B. Angelini, Esq., is a partner ...
