Atlanta Anti-Kickback Attorney | Protect Your Medical Practice
Experienced Healthcare Compliance & Defense for Georgia Physicians
If you're a medical practice owner in Atlanta, Alpharetta, Decatur, Dunwoody, or anywhere in Georgia, understanding the Anti-Kickback Statute (AKS) is essential to protecting your business. Violations—whether intentional or accidental—can lead to severe criminal and civil penalties, exclusion from Medicare/Medicaid, and even imprisonment. At Edmonds Law Office, we help physicians, medical practice owners, and healthcare professionals navigate the complexities of AKS compliance so you can focus on patient care with confidence.
What is the Anti-Kickback Statute?
The Anti-Kickback Statute (42 U.S.C. § 1320a-7b(b)) is a federal law that prohibits any exchange of remuneration (money, gifts, or services) in return for patient referrals involving federal healthcare programs like Medicare and Medicaid.
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Who does it apply to? Physicians, hospitals, clinics, pharmacies, DME suppliers, and more.
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What does it prohibit? Offering, soliciting, or receiving anything of value in exchange for patient referrals.
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Why is it important? Even unintentional violations can lead to criminal charges and fines.
Penalties for Violating the Anti-Kickback Statute
Violating AKS can lead to life-altering consequences for healthcare providers, including:
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Criminal Penalties: Up to 10 years in prison per violation
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Civil Penalties: Fines of up to $100,000 per violation
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False Claims Act Liability: Triple damages for fraudulent claims
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Medicare/Medicaid Exclusion: Permanent loss of eligibility for federal healthcare programs
Don’t risk your career. If you have concerns about an existing arrangement, consult with an Atlanta Anti-Kickback Attorney now.
Are There Legal Exceptions to the Anti-Kickback Statute?
Safe Harbor Exceptions for AKS
Yes! Certain arrangements may be legally protected under "Safe Harbor" exceptions when structured correctly. Some common exceptions include:
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Bona Fide Employment Agreements – Compensation paid to employees for legitimate work
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Investment Interests – Certain ownership stakes in healthcare entities
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Personal Services & Management Contracts – Fixed, fair market value payments for services
However, completing an AKS analysis is complex—and even a minor misstep can lead to legal trouble. Our firm helps Georgia physicians evaluate compliance risks and structure agreements safely.
Recent Anti-Kickback Prosecutions: Lessons for Georgia Physicians
What Happens If You Violate the Stark Law?
Federal prosecutors are cracking down on healthcare fraud, targeting private practice owners, medical executives, and hospital systems alike. Recent 2024 cases include (Case summaries taken from DOJ):
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Community Health Network Inc. (Community) paid $345 million to resolve allegations that it submitted claims to Medicare for services that were referred in violation of the Stark Law. The United States alleged that the compensation Community paid to certain physician groups was well above fair market value, and that Community awarded bonuses to physicians that were tied to the number of their referrals. The United States alleged that senior management at Community embarked on an illegal scheme to recruit physicians for employment for the purpose of capturing their lucrative “downstream referrals.”
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DaVita Inc. paid $34.5 million to resolve allegations that it paid kickbacks to a competitor to induce referrals to a former subsidiary that provided pharmacy services for dialysis patients. As part of the improper arrangement, the United States alleged that DaVita agreed to acquire certain European dialysis clinics and agreed to purchase dialysis products from the competitor. The United States also alleged that DaVita paid additional kickbacks to nephrologists and vascular physicians to induce referrals to DaVita’s dialysis centers.
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Prema Thekkek, her management company Paksn Inc., and six skilled nursing facilities owned by Thekkek and/or operated by Paksn entered into a $45.6 million consent judgment to resolve allegations they paid kickbacks to physicians in the form of medical directorships to induce patient referrals.
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RDx Bioscience Inc. (RDx) and its owner and Chief Executive Officer Eric Leykin paid $10.3 million to resolve allegations that they paid kickbacks in the form of commissions based on the volume and value of referrals to independent contractor marketers to arrange for and recommend that healthcare providers order RDx laboratory tests, as well as purported management services organization (MSO) payments to physicians, which were disguised as investment returns but actually were offered to induce the provider to order RDx laboratory tests. To date the government has recovered over $53 million relating to conduct involving MSO kickbacks to healthcare providers, including False Claims Act settlements with 48 physicians.
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Innovasis and two senior executives agreed to pay $12 million to resolve allegations that they paid kickbacks to spine surgeons in the form of consulting fees, intellectual property acquisition and licensing fees, registry payments, performance shares in Innovasis, travel to a luxury ski resort, and lavish dinners and holiday parties to induce use of the company’s spinal implants, devices, and other equipment in medical procedures performed on Medicare beneficiaries.
If your practice engages in referrals, business partnerships, or incentive-based compensation, you need a compliance strategy in place.
Get Legal Help from an Atlanta Anti-Kickback Attorney
The Anti-Kickback Statute is aggressively enforced, and even innocent mistakes can lead to devastating legal and financial consequences. If you're a Georgia physician or medical practice owner, protect yourself and your business by ensuring your contracts, referral arrangements, and business partnerships are fully compliant.
Book a discovery call today to review your agreements and compliance strategy.