Physicians who refer Medicaid and/or Medicare patients to an entity for healthcare services with which the physician, or an immediate family member, has a financial interest may violate the False Claims Act.
The Stark Law outlines the designated health services which are prohibited referrals. The improper referral is strictly prohibited, meaning a mistake is not a defense. A violation of the Stark Law may result in liability under the False Claims Act.
Whistleblowers who report Stark Law violations may be entitled to a financial award under the False Claims Act, receiving up to 25% of any recovery when the government intervenes in the case.
The FCA also protects whistleblowers from workplace retaliation by an employer.
If you are aware of referrals that may violate the Stark Law and the False Claims Act, contact Miller Law Group for a free consultation, or call 919-348-4361.