Experienced Legal Defense For Health Care Providers Facing Stark Law Violation Allegations

At Cogdell Law Firm, we provide experienced legal counsel to health care providers navigating the complexities of Stark Law violations throughout Texas. The Stark Law is a crucial federal statute designed to prevent conflicts of interest by prohibiting physicians from referring patients to entities with which they or their immediate family members have financial relationships. However, when a health care provider faces a Stark Law violation allegation, it can have serious civil and criminal consequences.

Our firm boasts over 40 years of combined experience in health care fraud defense, serving clients throughout Texas with a record of significant case successes. Led by Dan Cogdell, a renowned trial attorney, our practice has gained extensive recognition for handling high-profile health care fraud cases, often at the federal level. Dan’s expertise is regularly featured in major publications such as the Texas Tribune and Texas Monthly and on various national news channels, making our team a sought-after advocate in the legal community.

Understanding The Elements Of A Stark Law Violation

Stark Law violations occur when physicians refer patients for designated health services (DHS) to entities where there is a financial relationship, either direct or indirect. DHS includes a wide range of services such as laboratory tests, physical therapy and imaging services.

To constitute a violation, five key elements must be present:

• The referral must be made by a physician.
• The referral is for designated health services.
• The referred entity has a financial relationship with the referring physician or their immediate family.
• The financial relationship is not protected by any statutory exceptions.
• The service is billed to a federal healthcare program.

If you face Stark Law violation allegations, multiple state and federal agencies may be involved in the investigation, including the Department of Justice, the Centers for Medicare & Medicaid Services, the Texas Medicaid Fraud Control Unit and the Texas Health and Human Services Commission Office of Inspector General.

When Do Stark Law Violations Occur?

Stark Law violations apply to physicians and designated health services that are billed to Medicare or Medicaid.

Examples of Stark Law violations include:

• A physician referring patients to a diagnostic center in which they have an ownership interest.
• Referring to a practice where a family member is employed and receives financial benefits from referrals.
• Leasing office space from a company owned by a family member under non-fair market value terms.
• Investing in companies that provide medical devices used in the physician’s practice.
• Accepting compensation that varies with the number of referrals made to a particular specialist.

Facing Stark Law allegations requires the experience of a seasoned Stark Law violation attorney who understands the intricacies of health care laws and can effectively protect your professional interests.

Can You Face Criminal Charges For Stark Law Violations?

While the Stark Law primarily triggers civil penalties, associated misconduct could lead to criminal charges. These can arise from related offenses such as Medicare and Medicaid fraud, certain types of billing fraud and violations of the False Claims Act. It is crucial to address Stark Law concerns proactively to mitigate the risk of escalating into criminal liabilities.

Civil penalties for Stark Law violations can include substantial fines, repayment of claims and exclusion from federal health programs. Criminal charges related to health care fraud could result in more severe consequences, including imprisonment and larger fines. Aside from civil and criminal penalties, you may face damaging reputational harm.

Let Us Help You Protect Your Career And Reputation

If you are a health care provider facing allegations of Stark Law violations or related charges, taking immediate action is critical. Contact Cogdell Law Firm today by calling 713-936-5323 or filling out our online contact form to schedule a consultation at our Houston law office.