Of Counsel Donald Romano was quoted in a Bloomberg Law article, “Relaxed Doctor Referral Rules Could Clash With Anti-Kickback Law,” about the future of a Trump administration policy temporarily waiving penalties for violations of a health care anti-corruption law.
Knowingly violating the Stark law, which generally prohibits doctors from referring Medicare patients to other health care providers with whom they have a financial relationship, could bring a false claims action from the federal government or a whistleblower, Romano said. That’s why parties should retain clear documentation of the rationale and circumstances surrounding their use of a waiver.
“It’s important to make sure that parties have explained why it is that they’re bending the Stark rules to help defend against any accusation, later on, that this was a kickback or otherwise an intentional violation,” he said.