Miami Physician Practice Management & Litigation Attorney
Physicians face a complex set of difficulties in today’s health care system, and often require legal assistance from an experienced attorney to avoid economic harm or losing their license to practice medicine. The law firm of Pike & Lustig, LLP has put together a team of Miami physician practice management attorneys that is devoted to assisting physicians and physician practices, and has deep knowledge of this particular area of law. Additionally, through our work dealing with personal injury claims and lawsuits, we have extensive knowledge pertaining to the operations of Medicare, Medicaid, and third-party reimbursement providers.
We Provide a Full Range of Legal Services and Defense for Physicians and Physician Practices
Our attorneys provide assistance in myriad ways, including all of the following:
- Drafting of employment agreements, arbitration agreements, independent contractor agreements, non-compete agreements, and restrictive covenants;
- Dissolution of medical groups;
- Restructuring of new practices;
- Contract enforcement;
- Shareholder negotiations and litigation;
- Defense of physicians and staff regarding billing, HIPAA compliance, recoupment of payments, CPT codes, and letters of protection;
- Structuring and litigation matters, including wage and hour disputes, disability accommodations, trade secret disputes, retaliation, whistleblower claims, harassment, and discrimination; and
- Litigation of physician-partner separations and other litigation matters.
Stark and Anti-Kickback Laws
Stark Law, or the physician self-referral law, prohibits physicians from making a referral for a designated health service, particularly when paid by Medicare, to a party that the physician has a financial relationship with, according to the Centers for Medicare & Medicaid Services. The federal anti-kickback law, 42 U.S. Code § 1320a–7b, prohibits physicians from paying, receiving, or offering anything of monetary value to induce or reward a federal health care referral. To violate the federal anti-kickback law, the physician must have knowingly and willfully caused the violation. There must be intent. However, a violation of the Stark Law needs no such intent to be cause for punishment. The penalties for violating the Stark Law include up to a $15,000 fine for each offense, civil monetary penalties for intentional violations, overpayment or refund obligation, False Claims Act liability, and up to three times the value claimed by the physician in civil assessment. A violation of the Stark Law is not a criminal charge, whereas a violation of the federal anti-kickback law is. Fines can include up to $25,000 in criminal fines per violation, $50,000 in CMP fines per violation, a civil assessment of up to three times the kickback, and False Claims Act liability. Additionally, each violation can incur a five year prison sentence. Needless to say, working with an experienced and highly professional law firm is crucial when you or your practice is under scrutiny for Stark Law or anti-kickback law violations.
Our Physician Practice Management & Litigation Attorneys are Here to Help
If you require legal assistance stemming from a Medicare violation, a restructuring of your practice, or any other matter, the attorneys of Pike & Lustig, LLP are here to help. We strongly suggest that you contact one of our attorneys today, set up a consultation, and begin the process of confronting any type of dispute, alleged violation, or practice management issue at once.
