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Fraud and Abuse, Stark, and False Claims Act

Providers of health care services face significant regulatory pressure and are subject to a wide variety of fraud and abuse laws including federal and state anti-kickback statutes and the Stark Law.

 Ice Miller helps providers navigate the federal and state regulations that impact their day-to-day operations to ensure compliance with these laws.  We routinely counsel clients on matters related to the Stark Law, the Anti-Kickback Statute, Medicare and Medicaid enrollment, state survey and certification issues, EMTALA, HIPAA, and The Joint Commission and other accreditation standards.  
Additionally, Ice Miller's health group develops agreements for hospitals, physicians and other providers to minimize the regulatory risk faced by these clients and structures arrangements (co-management agreements, accountable care organizations, etc.) and transactions (joint ventures, acquisitions, mergers, etc.) between providers to ensure compliance with the fraud and abuse laws.  

Representative Experience

  • Advise clients on federal and state anti-kickback statutes and the Stark law for day-to-day operations as well as provide counsel to clients on appropriate model and/or transaction structure
  • Serve as counsel on CMS and OIG self-disclosure protocol matters
  • Develop corporate compliance plans for a wide variety of clients (hospitals, physicians groups, hospice, and home health agencies)
  • Represent clients before federal and state regulatory agencies
  • Represent clients in government investigations, compliance issues and qui tam litigation
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