Anti-Kickback Attorney in Nashville, TN
Written by Kimberly S. Hodde, National Chair of Criminal Defense at Meister Seelig & Schuster
Federal investigations into Anti-Kickback Statute violations target the knowing and willful offer, payment, solicitation, or receipt of remuneration to induce patient referrals for services reimbursed by federal health care programs like Medicare. These Medicare and healthcare fraud investigations target insider relationships, laboratories, imaging centers, surgery centers, physician-owned companies, medical practices, compounding pharmacies, and medical device companies, among other entities.
How Federal Anti-Kickback Investigations Begin
These investigations are often triggered by data analytics outliers, billing irregularities, and whistleblower (qui tam) lawsuits. Law enforcement agencies use data mining to identify medical providers, sales representatives, vendors, durable medical equipment, and single-use medical applications that show suspicious patterns and relationships.
Due to the “one-purpose” rule, prosecutors only need to prove that one purpose of a financial transaction was to induce referrals, not the sole purpose. The Anti-Kickback statute broadly defines “remuneration” to include cash, gifts, free services, and unearned rebates, all of which qualify as illegal value.
Criminal Penalties and Defenses to Anti-Kickback Charges
The Department of Justice Health Care Fraud Strike Force often leads both criminal and civil investigations in collaboration with OIG. On the criminal front, these cases carry significant penalties, including up to 10 years in prison and $100,000 fines per violation. Civil False Claims Act lawsuits routinely accompany criminal kickback charges. Fortunately, real defenses exist, whether under Safe Harbor exceptions protecting well-defined business arrangements or under good-faith defenses in criminal law.
Experienced Defense for Healthcare Providers and Businesses
Ms. Hodde and her team at MSS-Nashville have represented many physicians, health care providers, and medical service businesses under investigation for anti-Kickback violations and Stark law violations. These cases require significant experience to defend successfully. Ms. Hodde and her team bring that experience.
Clients benefit not only from Ms. Hodde’s knowledge and courtroom experience, but also from the collaborative capabilities of the criminal defense team she leads at Meister Seelig & Schuster (MSS). This allows clients facing complex, high-stakes matters to receive strategic representation backed by the resources of a nationally recognized law firm while continuing to work directly with Ms. Hodde and her Nashville-based team. If you or your healthcare business is facing an anti-kickback investigation, contact Kim Hodde and MSS-Nashville to discuss your rights, potential defenses, and next steps.