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The thing about the law that’s on the books is that it can frequently come across as being too complicated or confusing for the average reader.
When you consider the fact that the law was made for lawyers with years of experience to digest and use for their clients, this all makes sense. By breaking this language down into easy to manage chunks of information, it becomes that much easier to make sense of the law as it’s written and get it to work in your favor.
When practicing medicine and dentistry as well as an allied health position, doctors have to make sure that they’re fully compliant with the law, especially the anti-kickback statute.
They’ll have to make sure that they’re not in violation of the physician self-referral charge, also known as the Stark Law as well as state laws regarding these same topics, as the state regulations can definitely differ from the federal ones. In this post, we’re going to take a look at what exactly the New Jersey Stark anti-kickback laws are and see how you can defend a charge against you.
The Stark Law, also known as the physician self-referral law, was passed back in 1995. It was originally created to protect against clinical lab self-referrals, but it now applies to a variety of Designated Health Services as well as any money-based relationship between an actual healthcare provider and the person who’s either billing or providing the DHS.
When the Stark Law is applied, the providers are not allowed to refer either Medicaid-paid or Medicare-paid DHS to any facility that has some sort of financial relationship with the provider or someone in the provider’s immediate family. There are some exceptions to this, such as intrafamily referrals, in-office ancillary services, and prepaid plans.
The penalties for this are pretty serious. They involve a denial of payment by Medicaid or Medicare, a refund of any previous payments, a refund of any previous payments, a $15,000 monetary penalty per service, and a $100,000 civil penalty per circumvention scheme arrangement.
Most run-ins with the Stark Law also include some sort os aspect of the anti-kickback statutes that are on the books. This applies to both the federal and the state levels of punishment.
What these laws basically do is penalize either as a civil offense, a crime, or both any practitioner or else practice group that in some way receives compensation to get patients who are on Medicaid or Medicare or some sort of private insurance. When these laws actually kick in, they affect all parties involved in this kickback or Stark Law related scheme.
When you look at the law as it’s written, it can be pretty intimidating and seem quite daunting to figure out what exactly it is that the law is trying to say. This makes a lot of sense, though, when you think about it.
The law as it’s written on the books isn’t meant to be read and analyzed by your average individual, but rather by attorneys who have years or even decades of experience at doing this exact thing in order to help their clients to get their charges reduced or even dropped altogether. It’s important that a client has some understanding of the law going in so that they know what to expect once their case actually goes to trial.
It’s especially important given the level of punishment that a party who’s involved in this sort of scheme reach out and try to get the highest level of legal help possible for them. This will ensure that they can get their charges reduced or even dropped from court.
However, you won’t get this from just any kind of legal defense team. As the saying goes, you get what you pay for, and no legal defense team was created equal. You’ll need a team with years of experience and the knowhow to translate that experience into success. This will have to be a team with a vested interest in your success and the ability to get there as a team. In short, you’ll need to go with us. We have the experience you need to succeed. Get in touch with us today.