Anti-Kickback, Anti-Inducement and Anti-Referral

Health care providers and companies are subject to federal and state anti-kickback, anti-inducement and anti-referral laws unique to the industry.  These laws impose severe civil or criminal penalties, if violated, and the adverse effects of government enforcement actions for noncompliance with these laws can be devastating.

At Studebaker Nault, we believe a proactive approach to regulatory compliance is essential for health care providers and businesses.  We work with clients across the industry to establish and maintain comprehensive compliance programs, and we design specific compliance policies and procedures that help clients identify and address issues before those issues become problems.  A health care client’s compliance program is effective when it is operational and its policies and procedures, and its internal controls, can be implemented in the context of the client’s business.  We recognize this is essential for a client to minimize its potential risk associated with regulatory non-compliance.

Learn more about our Business Advice services.

We also routinely advise clients on proposed business arrangements that implicate fraud and abuse laws and help clients obtain regulatory approvals, where appropriate.  Our lawyers assist in structuring, preparing and negotiating purchase and sale agreements, joint venture arrangements, management services agreements, professional services agreements, recruitment agreements, joint purchasing agreements, and vendor and supply agreements, among others.

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Our lawyers also have experience representing clients in fraud and abuse investigations and enforcement proceedings with divisions of state attorneys general offices, the U.S. Department of Health and Human Services and the Office of Inspector General.

Learn more about our Audit and Investigation services.  

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