Miami Kickbacks & Stark Billing Lawyers: An Insider’s Guide
Finding the right lawyer can be tricky, especially when dealing with complex healthcare regulations like the Anti-Kickback Statute and Stark Law. As a healthcare provider in Miami, you want someone who really understands the local landscape.
That’s where boutique healthcare law firms come in. Unlike big national firms, these smaller practices focus 100% on healthcare legal issues in your city and state. They know the prosecutors, regulators, judges, and juries you’ll be facing. And their lawyers have deep expertise in niche issues like kickbacks and physician self-referral laws.
This article will give you an inside look at Miami kickback and Stark lawyers – who they are, how they work, and why they’re your best bet for keeping your practice on the right side of the law.
What Are Kickbacks and Stark Violations?
First, a quick primer on what we’re dealing with here:
Anti-Kickback Statute: Makes it illegal to exchange anything of value to induce or reward referrals for federal healthcare programs like Medicare. This includes straightforward kickbacks and bribes as well as more subtle arrangements that benefit the parties financially.
Stark Law: Prohibits doctors from referring Medicare patients to other healthcare providers if the doctor has a financial relationship with that provider. This includes ownership, investment, and compensation arrangements.
Violating these laws can lead to serious penalties – fines up to $100,000 per violation, exclusion from federal programs, even criminal charges.
Why Do Miami Healthcare Providers Get in Trouble?
South Florida is considered a hotbed for healthcare fraud prosecutions. U.S. Attorneys and whistleblowers often target the region.
Some factors that make Miami healthcare businesses vulnerable:
- Lots of Medicare patients – More claims means more chances for violations.
- A highly competitive market – Temptation to cut corners for referrals.
- Lucrative ancillary services – Big money in labs, home health, DME, etc.
- A transient population – Patients and physicians come and go, disrupting care.
Without the right advice, it’s easy for even well-meaning providers to cross legal lines. Which brings us to…
Miami Kickback and Stark Lawyers: Finding the Right Fit
Miami has tons of healthcare attorneys. But you want someone who:
- Focuses on healthcare fraud and compliance.
- Has experience specifically with kickback and Stark issues.
- Knows the local prosecutors and regulatory personnel.
- Can speak to local juries in your community.
- Will give you practical advice, not just legal theory.
That’s a tall order. But there are boutique law firms in Miami up to the task. Here are three excellent options:
1. The Solowsky Law Firm
Led by partners Jess Unger and Tyler Solowsky, this firm does healthcare fraud defense exclusively. On the kickback and Stark side, they’ve handled everything from civil settlements to criminal jury trials. Clients include physicians, clinics, home health agencies, and more.
What sets them apart is their aggressive approach. They exploit every technicality and loophole to get kickback and Stark charges dismissed or reduced. The firm also prepares clients early to avoid charges entirely.
“We don’t just react to indictments. We proactively identify risks and implement compliance programs so our clients don’t end up in trouble at all.” – Tyler Solowsky
Visit them at www.solowskylawfirm.com
2. The Liles Parker Law Firm
Liles Parker brings decades of big-firm experience to boutique healthcare defense. Founding partner Robert Liles led anti-kickback and Stark divisions at national firms before starting his own practice.
Liles Parker excels at self-disclosure and settlements. Their lawyers have negotiated some of the largest healthcare fraud arrangements in South Florida. They’re experts at getting clients cooperation credit and minimizing penalties.
“When violations occur, we help clients negotiate the best possible outcome under the circumstances.” – Robert Liles.
Learn more at www.lilesparker.com.
3. The Kramer Green Law Firm
For providers facing parallel civil and criminal charges, Kramer Green may be the answer. Founder Tracy Kramer is a former healthcare fraud prosecutor who flipped sides. Her insider knowledge helps clients fight kickback allegations in court.
The firm also handles pre-indictment defense and compliance programs. Their experience as former prosecutors gives them unique insight.
“We know how the government builds these cases – and how to take them apart.” – Tracy Kramer
Reach them at www.kramergreen.com.
How a Miami Kickback Lawyer Can Help
Retaining the right lawyer makes a huge difference. Here are some of the ways they can help providers facing kickback or Stark issues:
- Risk assessment – Identify areas of vulnerability and implement corrections before issues arise.
- Internal audits – Uncover and self-disclose potential violations before the government does.
- Compliance programs – Develop systems to prevent problems and show “good faith” efforts.
- Pre-indictment defense – Fight charges before they’re filed by addressing allegations early.
- Settlement negotiations – Work with prosecutors to resolve civil and criminal liability.
- Litigation – Defend clients against Stark and kickback charges in court.
- Appeals – Challenge adverse verdicts and seek relief from higher courts.
The right lawyer understands the intricacies of these laws and how to get the best outcome under the circumstances.
Vetting and Hiring a Miami Kickback Lawyer
With so much at stake, take time to find the right attorney. Consider these tips:
- Ask about experience – Don’t just take a lawyer’s word that they handle your type of case. Ask detailed questions about their background and qualifications.
- Check credentials – Be sure they focus on healthcare rather than general practice. Look for kickback/Stark expertise, not just false claims.
- Request references – Speak to past clients who’ve faced similar issues. Ask if they were satisfied.
- Meet in person – Schedule a consultation to meet them and evaluate their office, resources, availability, etc.
- Compare fee structures – Some change flat rates, others hourly. Understand pricing and what’s included.
- Review engagement letters – Don’t sign a contract until you fully understand its terms and conditions.
- Trust your gut – Go with the lawyer you feel most confident in after doing diligence.
Also consider lawyers recommended by colleagues who’ve been happy with their representation.
Don’t Gamble with Kickback and Stark Violations
As a Miami healthcare provider, you operate in a challenging regulatory environment. The potential costs of non-compliance are massive – both financially and professionally.
Don’t gamble that you’ll avoid the scrutiny of prosecutors and whistleblowers. Be proactive by engaging qualified legal counsel. They can help you avoid missteps, correct issues, and resolve allegations.
With the right lawyer guiding you, your practice can thrive in Miami without fear of kickbacks coming back to bite you.