Miami Physician Practice Management & Litigation Attorney
Physicians face many challenges in today’s healthcare system and often need legal help to protect their practice and avoid economic harm or losing their license. The team at Pike & Lustig, LLP specializes in physician practice management and has extensive experience in this area of law. Additionally, our work with personal injury claims and lawsuits has given us deep knowledge of Medicare, Medicaid, and third-party reimbursement operations.
We Provide Comprehensive Legal Services and Defense for Physicians and Medical Practices
Our attorneys assist in myriad ways, including all of the following:
- Drafting of employment agreements, arbitration agreements, independent contractor agreements, non-compete agreements, and restrictive covenants;
- Dissolution of medical groups;
- Restructuring of new practices;
- Contract enforcement;
- Shareholder negotiations and litigation;
- Defense of physicians and staff regarding billing, HIPAA compliance, recoupment of payments, CPT codes, and letters of protection;
- Structuring and litigation matters, including wage and hour disputes, disability accommodations, trade secret disputes, retaliation, whistleblower claims, harassment, and discrimination; and
- Litigation of physician-partner separations and other litigation matters.
Stark & Anti-Kickback Laws
Stark Law, or the physician self-referral law, prohibits physicians from making a referral for a designated health service, particularly when paid by Medicare, to a party that the physician has a financial relationship with, according to the Centers for Medicare & Medicaid Services. The federal anti-kickback law, 42 U.S. Code § 1320a–7b, prohibits physicians from paying, receiving, or offering anything of monetary value to induce or reward a federal health care referral.
To violate the federal anti-kickback law, the physician must have knowingly and willfully caused the violation. There must be intent. However, a violation of the Stark Law needs no such intent to be cause for punishment. The penalties for violating the Stark Law include up to a $15,000 fine for each offense, civil monetary penalties for intentional violations, overpayment or refund obligation, False Claims Act liability, and up to three times the value claimed by the physician in civil assessment. A violation of the Stark Law is not a criminal charge, whereas a violation of the federal anti-kickback law is. Fines can include up to $25,000 in criminal fines per violation, $50,000 in CMP fines per violation, a civil assessment of up to three times the kickback, and False Claims Act liability. Additionally, each violation can incur a five-year prison sentence. Needless to say, working with an experienced and highly professional law firm is crucial when you or your practice is under scrutiny for Stark Law or anti-kickback law violations.
Our Physician Practice Management & Litigation Attorneys are Here to Help
If you need legal assistance with a Medicare violation, practice restructuring, or any other matter, the attorneys at Pike & Lustig, LLP are here to help. We recommend contacting us today to schedule a consultation and begin addressing any dispute, alleged violation, or practice management issue promptly.
