Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.
Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.
We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.
The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.
Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.
In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.
Why Clients Choose Spodek Law Group
The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.
We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.
If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.
When dealing with Medicare, Tricare, Medicaid, or any other government benefit program, medical providers must navigate regulatory and statutory billing restrictions. Every healthcare provider must adhere to specific compliance laws, such as the Anti-Kickback Statute and Physician Self-Referral Law. Both of those laws have limitations, requirements, and penalties.
It is vital to know the difference between these laws so that medical providers can avoid federal prosecution and reduce the potential for civil liabilities. If you are the center of a healthcare fraud investigation, make sure to consult with an experienced defense attorney.
Kickbacks and Physician Self-Referrals Differences
When trying to determine the difference between these two situations, there are specific points that you need to consider. Here are the key differences between a kickback and a physician self-referral.
Physician self-referral is often known as “Stark Law.” These statutes and laws have different applicability scopes. Stark Law only applies to doctors and their family members. Any healthcare entity that shares a “financial relationship” with the medical provider is covered under the law.
Stark Law applies to services billed to Medicaid and Medicare from a “designated health provider.” On the other hand, the Anti-Kickback Statute concerns all medical providers and their personnel. This statute also applies to all federal programs. The federal government can prosecute providers for soliciting, receiving, or paying improper monetary compensation.
Criminal and Civil Liability
Stark Law is a civil statute. These unlawful self-referrals are punished with financial penalties and exclusion from specific programs. Some penalties under Stark Law include:
Civil monetary penalties
Restitution for the improper amounts billed to Medicaid and Medicare
False Claims Act liabilities
Medicaid and Medicare program exclusions
While Stark Law solely focuses on civil penalties, the Anti-Kickback Statute includes both criminal and civil enforcement provisions. These civil penalties have higher monetary fines. In criminal cases, the medical providers and their personnel often face stricter penalties per violation. These consequences include five years in federal prison and a $25,000 fine.
Stark Law and the Anti-Kickback Statute offer exemptions to protect medical providers from any legal liabilities. There are several exceptions under Stark Law. Many of these exceptions have been expanded under federal regulations, and they include:
Legitimate employment relationships
Personal service arrangements
Certain arrangements with a hospital
Payments by a physician
Charitable donations by a physician
Retention payments in underserved areas
Safe harbors and exemption provisions are provided in the Anti-Kickback Statute. Some of the exceptions are similar to Stark Law, and they include:
Specified risk-sharing arrangements
Legitimate payments to W-2 employees
Payments to purchasing agents
Safe harbor transactions
Intent and Strict Liability
Stark Law is known as a “strict liability” statute. With that, the prosecution does not have to prove an intentional action on the provider’s behalf. However, federal prosecutors must show that the provider improperly billed Medicaid or Medicare for unlawful-referred services. In some cases, the provider provided an illegal self-referral as a medical doctor. These two actions are enough for a civil liability violation.
Under the strict liability provision of Stark Law, federal prosecutors can pursue financial fines. However, the prosecutors must establish intent to seek program exclusion of the healthcare provider.
Proof of intent is necessary for criminal or civil offenses under the Anti-Kickback Statute. The violations must be “willfully and knowingly” committed by a healthcare provider or their employees. Constructive knowledge is enough to provide an Anti-Kickback Statute violation.
Different Types of Transactions
In many cases, the Anti-Kickback Statute and Stark Law are discussed together. Remember that kickback and self-referrals are two distinct types of transactions according to federal law.
With a self-referral, the designated health service has referred a patient to an entity that has a financial relationship with the referring physician. An illegal kickback is often paid in exchange for a payment to a healthcare benefit program from the federal government. Only improper claim submissions and referrals can trigger liability. If there is an attempt to solicit a referral fee, that action is enough for criminal prosecution with the Anti-Kickback Statute.
If you have been accused of these civil or criminal crimes, you need to speak to an experienced federal fraud defense lawyer. With the right legal advice, you can find a favorable outcome for your case
Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.