Hooper, Lundy & Bookman has some of the nation’s most experienced and highly regarded experts in the federal physician self-referral statute (the “Stark” law), the federal anti-kickback statute, and the state law equivalents. The firm’s attorneys have handled many of the most significant Stark and fraud and abuse cases in the country. For example, our firm handled the landmark case of Hanlester Network v. Shalala, 51 F.3d 1390 (9th Cir. 1995), which is the only federal case to apply the anti-kickback statute to a physician-owned joint venture.
Our firm represents a broad spectrum of health care providers and suppliers on Stark law and anti-kickback statute issues, including hospitals and hospital systems throughout the country, as well as some of the largest device and pharma companies in the world.
Our lawyers have lectured and published widely on the Stark and fraud and abuse laws. Attorneys in our firm, for example, have authored the leading treatises published by the Bureau of National Affairs (BNA) on the federal anti-kickback law and the Stark law, and have published numerous law review articles on these subjects. A partner in the firm also wrote the 2021 American Health Lawyers Association Monograph on the Stark Law, the seventh edition of a treatise he first wrote in 1998. The firm’s attorneys have also served as expert witnesses on Stark law and fraud and abuse matters, in both arbitration and litigation, including civil and criminal proceedings. In addition, we have a multi-disciplinary working group, the Fraud & Abuse Practice Group, that meets regularly for members to share insights and updates.
We provide the following services related to Stark and fraud and abuse issues:
- Structuring and implementing all types of hospital/physician financial relationships, contracts and transactions;
- Designing compliance programs, policies and procedures to address Stark and fraud and abuse laws;
- Unwinding transactions, as necessary, to address changing regulatory standards;
- Hospital/physician joint ventures, mergers and acquisitions;
- Management agreements and other physician alignment models;
- Physician recruitment and retention arrangements, including developing policies and procedures, providing counseling advice, and drafting and negotiating documents;
- Conducting internal investigations to determine whether violations of the Stark or fraud and abuse laws have occurred;
- Assisting clients with implementing any necessary corrective action, up to and including self-disclosures to governmental authorities when appropriate;
- Preparing, submitting, and obtaining approval on a number of fraud and abuse and Stark advisory opinion requests;
- Working extensively with state and national trade organizations and other clients in commenting on, revising, and drafting regulations and legislation in the area of health care fraud and abuse, including guiding bills through the legislative process.
- February 3, 2022
- February 2, 2022
- November 24, 2021
- November 12, 2021
- October 15, 2021
- December 10, 2020
- November 23, 2020
- October 14, 2020Originally published in Law 360
- April 22, 2020
- April 1, 2020
- March 25, 2020
- October 16, 2019
- September 24, 2019
- September 11, 2019WBUR News
- March 15, 2019
- January 31, 2019
- January 15, 2019
- August 31, 2018
- July 14, 2018
- December 11, 2017
- October 31, 2017Health Law 360
- September 18, 2017Health Law 360
- September 17, 2017Boston Globe (AP)
- August 16, 2017
- July 10, 2017
- May 26, 2017
- May 15, 2017WBUR
- April 6, 2017
- March 24, 2017Boston Globe
- March 23, 2017Health Law 360
- March 16, 2017Boston Globe
- February 16, 2017Boston Globe
- January 25, 2017Health Law 360
- January 18, 2017
- December 21, 2016
- November 11, 2015
- July 21, 2015
- July 7, 2015
- June 9, 2015
- January 13, 2015
- October 10, 2014
Health Law Perspectives
Other Publications
- April 2018
- BNA Health Care Fraud Report: Tick, Tick, BOOM: CMS’s Proposed 60-Day Rule Would Create Intense Time Pressure for Providers to Identify, Report, Return Overpayments2011
- BNA Health Care Fraud Report: Is Health Care Marketing Protected Commercial Speech Under the Supreme Court’s Decision in Sorrell?May 5, 2011