Washington, D.C. Whistleblower Lawyers
The Anti-Kickback Statute (42 U.S.C. § 1320a-7b) was established to
protect patients by ensuring that all medical professionals make healthcare
decisions based on their patients’ specific needs, not based on
any influence from corporations who might profit from a diagnosis or prescription.
The healthcare companies that manufacture medical devices, prescription
drugs, and other healthcare equipment obviously profit the more their
products are used in medical treatment. When a manufacturer bribes a physician
to use a certain drug or medical device that is covered by Medicaid, Medicare,
or any other federally-funded medical program, they are in violation of
the Anti-Kickback Statute and can be prosecuted.
Kickbacks in the Healthcare Industry
Besides monetary compensation, kickbacks can take the form of several other
- Paid contracts
- Free vacations
Doctors are the most common target of illegal kickbacks, since they have
the authority to recommend or prescribe medical devices and drugs to patients.
For example, a pharmaceutical company might offer a doctor a complementary
vacation to Hawaii in exchange for prescribing their drug over another
Safe Harbor Under the Anti-Kickback Statute
The Anti-Kickback Statute does allow a “safe harbor” for legitimate
arrangements between healthcare companies and doctors or hospitals. This
can include renting space, leasing equipment, and other types of financial
arrangements – as long as the terms and details of the arrangements
are clearly documented, and compensation does not exceed fair market value.
If these conditions are not met, or if the terms of the transaction are
breached in order to allow for extra compensation, then the arrangement
can be deemed an illegal kickback.
Becoming a Whistleblower Under the Anti-Kickback Statute
Ultimately, healthcare kickbacks steal important funding from those who
need it and encourage healthcare providers to sacrifice their patients’
safety in favor of profits. If you have knowledge about any illegal kickbacks
or invectives, you can initiate a whistleblower (“qui tam”)
lawsuit under both the Anti-Kickback Statute and the False Claims Act.
If a manufacturer’s kickback scheme causes injury or illness due
to substandard, unsafe, or unnecessary medical treatment, you may also
be entitled to compensation for medical malpractice.
If you are interested bringing forward a qui tam action, please contact
our experienced whistleblower attorneys at Chaikin, Sherman, Cammarata
& Siegel, P.C. today for a free case evaluation. Any sensitive information
you discuss with us will be protected by attorney-client privilege.