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What are the penalties for violating the Stark Law?

November 13, 2009 | In: Law & Taxes

No payment may be made for a service furnished pursuant to a prohibited referral.
Consequently, the billing entity is liable to the Medicare program and
beneficiaries for any amounts collected. Persons who submit claims or cause
claims to be submitted for services furnished pursuant to a prohibited referral, or
who do not promptly refund amounts collected, are subject to civil monetary
penalties of up to $15,000 for each such service, and may be excluded from
Federal health care programs. In addition, the U.S. Department of Justice has
brought cases under the federal False Claims Act predicated on violations of the
Stark Law. Often, these cases are initiated after individuals file a lawsuit under
the whistleblower provisions of the False Claims Act.


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