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Everything You Need to Know About the Stark Law Defense and Compliance

Everything You Need to Know About the Stark Law DEFENSE AND Compliance

Navigating the complex landscape of healthcare regulations is a crucial aspect of maintaining integrity within the industry. One such regulation that demands close attention is the Stark Law, a federal statute designed to prevent physician self-referral and ensure healthcare services are driven by patient needs rather than financial incentives. At Gallian Firm in Dallas, we understand the intricacies of healthcare law, and we are your go-to Stark Law defense lawyers if you find yourself facing charges related to this critical regulation or any other healthcare-related criminal charge.

History and Origins of the Stark Law

The Stark Law was named Congressman Pete Stark, who sponsored the bill.  It was signed into law in 1989 as a method to help stem ongoing abuse and fraud in Medicare and Medicaid programs.. Prior to the law’s implementation, there was a growing worry that financial relationships between physicians and healthcare entities could compromise patient care by influencing medical referrals for personal gain.

The Stark Law Was a Crucial Milestone in Healthcare Regulation

The Stark Law was first introduced in 1988 and went into effect in 1992, marking a pivotal moment in healthcare regulation. Since its inception, the law has undergone various amendments to adapt to the evolving healthcare landscape, but its fundamental objective remains the same: to eliminate financial incentives that could compromise the physician’s judgment in patient referrals.

What Does the Stark Law Say?

The Stark Law prohibits physicians from referring Medicare or Medicaid patients to entities with which they have a financial relationship, defined as a direct or indirect ownership or compensation arrangement. The law applies to clinical laboratories, physical therapy and occupational therapy providers, radiology service providers, and more. These are known as designated health services (DHS). Understanding and complying with these provisions is essential for healthcare providers to avoid legal consequences.

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Who Does the Stark Law Apply to? 

The Stark Law applies to physicians, podiatrists, dentists, optometrists, and chiropractors who participate in Medicare and Medicaid. Additionally, the law applies to healthcare entities, such as hospitals, laboratories, and imaging centers, that receive referrals from physicians covered under the statute.

What are Penalties for Violating the Stark Law?

Violating the Stark Law can have serious consequences, both civil and criminal. Civil penalties can include exclusion from federal health programs, fines, and potential liability under the False Claims Act. Criminal penalties can lead to imprisonment and fines, making compliance with the Stark Law a top priority for healthcare providers, and a tool in the toolbox for federal prosecutors. 

What are Possible Defenses if I am Charged with a Stark Law Violation?

If you find yourself facing charges related to Stark Law violations, it is crucial to explore potential defenses and hire a top Stark Law defense lawyer like the attorneys at Gallian Firm. Common defenses may include demonstrating that the arrangement meets one of the law’s exceptions or that the referral did not involve designated health services. Gallian Firm’s experienced Stark Law defense lawyers can assess the specifics of your case in a free, confidential consultation, and craft a strategic defense tailored to your situation.

Which Government Agency Prosecutes Stark Law Violations?

The Centers for Medicare & Medicaid Services (CMS) are tasked with the enforcement of the Stark Law.  Additionally, the Department of Justice (DOJ) may become involved in cases that raise criminal implications. Being investigated or charged with a Stark Law violation requires immediate legal representation to navigate the complex regulatory landscape and protect your rights.

Gallian Firm are Your Trusted Stark Law Defense Lawyers in Dallas

When it comes to defending against Stark Law violations or other healthcare fraud charges, Gallian Firm in Dallas is your choice for a winning, vigorous defense. Our healthcare fraud defense attorneys have a proven track record of successfully representing clients in Texas and at the federal level. With in-depth knowledge of healthcare law and a commitment to providing effective legal counsel, we stand as your best defense against Stark Law charges.  Most defense attorneys have never handled a health care fraud case—but it is a core service that we provide at our firm.

Contact Gallian Firm Today for Aggressive Defense Against Stark Law Allegations

If you or someone you know is facing charges related to Stark Law violations or other healthcare fraud offenses, don’t wait. Contact Gallian Firm at (214) 432-8860 for immediate assistance. Our experienced Stark Law defense lawyers are ready to assess your case, develop a strategic defense, and vigorously protect your rights in the face of legal challenges. If you are on our website, you have made it this far.  Make the call and you will see what experienced defense really is–trust Gallian Firm to be your advocate in any healthcare law case. 


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