Tenacious Defense From Skilled Houston Anti-Kickback Attorneys

How you respond to health care kickback allegations can have major impact on your future. You need Anti-Kickback Statute attorneys who understand the complexities of your situation and how to navigate them. Our Houston-based team at Cogdell Law Firm is ready to guide and defend you.

Our Anti-Kickback Statute attorneys have over 40 years of combined legal experience. We know how to handle difficult, high-profile cases. We bring this skill and tenacity to protecting the rights of health care professionals facing serious charges in North Texas, East Texas and other parts of the state.

What Is a Kickback?

It is a payment or benefit given in exchange for referring a patient, medication or other health care service. While paying for referrals may be acceptable in other fields, doing so in the health care industry can expose you to significant legal consequences. Having strong Anti-Kickback Statute attorneys to advocate for you can be crucial when you are accused of such conduct.

What Is the Anti-Kickback Statute?

It is a federal law that prohibits offering, paying or receiving kickbacks in health care. There are also state kickback laws, such as the Texas Patient Solicitation Act. Our Anti-Kickback Statute attorneys are here to answer your questions on what these health care laws could mean for you and your practice.

What Is the Difference Between the Anti-Kickback Statute and the Stark Law?

Both laws refer to kickbacks but from different sources. The Anti-Kickback Statute has a broad focus, covering most service types and applying to referrals from anyone. The Stark Law, on the other hand, focuses on physicians. It also uses a predetermined set of designated health services. Finally, the Stark Law is a civil statute, while the Anti-Kickback Statute is a criminal statute. Either may apply, depending on the circumstances, and our Texas anti-kickback defense attorneys can help you determine what options you have.

Who Does the Government Investigate Under Anti-Kickback Regulations?

Technically, the Anti-Kickback Statute applies to anyone. It is illegal for someone to offer remuneration of any kind — though there is a list of exemptions, known as safe harbors, listed below — to try to influence the other party to buy a specific drug if that drug's cost is being covered by Medicare.

While this does apply to anyone, it is generally applied to pharmaceutical supplies and suppliers of specialty medical products. These suppliers are allowed to provide and sell the drugs in question, but they must not offer kickbacks to a physician to convince them to purchase that particular drug — which they may not have done without the potential for economic compensation.

What Are Safe Harbors?

Safe harbor provisions are special rules that make certain conduct, which could technically be a kickback, exempt from criminal penalties under the Anti-Kickback Statute. There is a wide range of exceptions. Some of the most common include remuneration in the form of:

• Investment interests
• Rental spaces
• Equipment rentals
• Outcome-based payments
• Management or personal services contracts
• Sale of the practice
• Referral services
• Discounts
• Warranties
• Group purchasing arrangements
• Payments to employees
• Waiver of deductibles, copayments, etc.

Even within these categories, many specific qualifications must be met. Our Anti-Kickback Statute attorneys can help you understand these exemptions and whether you fall under them.

Proven Anti-Kickback Statute Attorneys Protecting You

A great deal can be at stake in Anti-Kickback Statute cases. A conviction could expose you to significant fines, prison time and loss of the ability to make claims to programs such as Medicare and Medicaid. Beyond formal criminal penalties, you could also face civil fines, loss of your medical license and destruction of your professional reputation. Our attorneys are ready to build customized fraud defense strategies that aim to reduce the impact your case has on your career, life and overall well-being.

Given the severity and complexity of these cases, having proven Anti-Kickback Statute attorneys in your corner can make a huge difference. Our firm has been fighting for the rights of clients since 1988. The skill and talent of founding lawyer Dan Cogdell and the rest of our team can be seen in their impressive case results and track record of success.