ICD10monitor October 18, 2023
John K. Hall, MD, JD, MBA, FCLM, FRCPC

Let me start with a statement of the obvious and a brief overview of federal law. As for the obvious, if the U.S. Department of Justice (DOJ) is asking questions about your practice, you’re having a very bad day. And you need a lawyer.

In the government’s battle against fraud and abuse, there are three statutes with which you should be familiar. The first is the False Claims Act (FCA). The second is the Anti-Kickback Statute or AKS. And the third is the Physician Self-Referral or Stark law. An additional tool sometimes used is the wire fraud statute.

The FCA provides for both civil and criminal penalties. Fraud allegations may arise from AKS or Stark law violations. AKS is a...

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