The Anti-Kickback Statute is a federal law that penalizes those who intentionally pays or asks for goods, benefits, or money in exchange for referrals or payments for products or services reimbursable under a federal health care program. In a nutshell, it punishes people who offer or accept bribes for some advantage in health care contracting. Congress enacted the Anti-Kickback Statute in 1972 “to protect patients and the federal health care programs from fraud and abuse by curtailing the corrupting influence of money on health care decisions.”
If you are considering becoming an Anti-Kickback Statute whistleblower here in Mississippi, you need to understand that not every exchange of money or good in the health care field is a kickback; there are “safe harbors” that allow companies to engage in financial relationships legally. To understand this law, you will need the help of an experienced whistleblower attorney. Contact Barrett Law now at (800) 707-9577 to attain the guidance you require.
Anti-Kickback Safe Harbors – The Basics
You may be asking, “what is a safe harbor”? In law, a safe harbor is specifically proscribed conduct that is safe from prosecution. For example, it is generally illegal to possess a rhino tusk. However, if the tusk is needed for medical research and is registered with the Department of Justice, a safe harbor may allow scientists to possess it legally. But if the scientist took the tusk home after the testing was done, he would “leave” the safe harbor and would be subject to possible prosecution.
Statutory Safe Harbors:
Some of the prominent statutory safe harbors in the Anti-Kickback Statute include:
Discounts
“[A] discount or other reduction in price obtained by a provider of services or other entity under a Federal health care program if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under a Federal health care program.”
Written Contracts
“Payments based on valid written contracts from vendors of goods or services to authorized federal health care program purchasing agents, where the relevant providers of services disclose the amount received from each vendor, also qualify for safe harbor protection.”
Employment Contracts
“[A]ny amount paid by an employer to an employee (who has a bona fide employment relationship with such employer) for employment in the provision of covered items or services.”
When you take these provisions together, it means that money can change hands without it being unethical under the Anti-Kickback Statute. But the exchange of money must represent a legitimate payment, or reduction in payment, that is clear, in the open, and available to other market participants. It is when the payment or exchange is secret and between limited parties that ethical issues arise.
What Should You Do if You are Considering a Whistleblower Claim?
Are aware of fraud occurring in the healthcare industry? Are you considering filing a whistleblower case under the Anti-Kickback Statute? The reward for submitting a successful claim can be massive. But you will only receive this sort of award with the help of an experienced False Claims Act attorney. The United States government receives thousands of potential whistleblower claims each year, and only those that are reported in a way that triggers their interest are investigated. Careful pleading is key to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.
Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful Anti-Kickback Statute case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.
