Did You Know Even Mistaken Violations Could Cost Six-Figure Fines? Atlanta Kick-Back Attorney Here to Help
The federal gov't doesn’t care if it was a mistake or a misunderstanding. Anti Kick-Back civil penalties can be massive, and in some cases, federal prison time is on the line. Protect your practice with expert legal guidance before it’s too late.
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Get Legal Help from an Atlanta Anti-Kickback Attorney
Problems We Help Solve:
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Helping Georgia healthcare providers identify whether their current practices or agreements may unintentionally violate the Anti-Kickback Statute (AKS).
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Reviewing contracts and business arrangements to ensure they comply with safe harbor exceptions and fair market value requirements.
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Providing proactive legal guidance to reduce risk and avoid costly fines related to kickback concerns.
Please note: Our office does not represent medical practice owners in pending DOJ investigations or litigation.
Hi, I'm Angie.
ATLANTA ANTI-KICKBACK LAWYER
UCLA Law graduate licensed in all Georgia state and federal courts
8+ years of civil litigation experience
I've saved my clients over $500K by voiding poorly drafted contracts
I've reviewed over 1,200 contracts in the last 2 years
Ignoring Kickback Risks Until an Audit? That Mistake Could Cost Six Figures
Even unintentional kickback violations can lead to six-figure fines—and the costs don’t stop there. Don’t risk your practice’s future over a simple mistake.
Navigating the Anti-Kickback Statute (AKS) is rarely straightforward. Many healthcare providers struggle to align their business goals with the complex AKS framework, which requires careful, nuanced analysis to avoid costly pitfalls. What might seem like a reasonable arrangement can unintentionally trigger violations if not thoroughly reviewed under the law’s detailed safe harbor provisions and fair market value rules.
This complexity means a one-size-fits-all approach won’t work. Each contract and business model needs tailored scrutiny to ensure compliance without sacrificing your practice’s growth.
Ready to clear up your AKS questions?
Book a quick Discovery Call for expert guidance tailored to your situation.
Have a contract you want reviewed? Schedule a Contract Clarity Call in just a few clicks.
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.
References for More Information
Need to see if your contract falls within a Kick-Back safe harbor exception?
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