Amanda S. Marshall
Former U.S. Attorney
(Local Counsel)
Lynette Byrd
Former Assistant
U.S. Attorney
Roger Bach
Former Special
Agent
(OIG & DEA)
Joe Brown
Former U.S. Attorney
Dr. Nick Oberheiden
Attorney & Founder
What Are the Reporting Requirements under the Sunshine Act?
The Sunshine Act requires applicable manufacturers to report payments or other transfers of value to physicians or teaching hospitals, as well as ownership and investment interests held in the company by physicians and their immediate family members. See 42 U.S.C. § 1320a-7h. Important Terminology The key to understanding the requirements...
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What Is the Personal Service Exception under Stark Law?
The Ethics in Patient Referrals Act (Stark) prohibits physicians who have financial relationships with entities from making referrals to those entities for the furnishing of designated health services (DHS) reimbursable by Medicare, subject to certain exceptions. See 42 U.S.C. § 1395nn(a)(1). To limit the wide and potentially unintended application of...
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What You Should Do When a Qui Tam Lawsuit Has Been Filed Against Your Business
Qui tam lawsuits result in billions of dollars of loss to companies every year (in 2015, False Claims Act qui tam lawsuits resulted in over $2.8 billion in payments to the federal government). If you believe a qui tam lawsuit may have been filed against your company, it is important...
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DOJ Investigation? What You Should Do When You Are Under Investigation by the Department of Justice
Any investigation by the Department of Justice (DOJ), whether into yourself or your business, is a very serious matter. You should take proactive steps to protect yourself and your business before any charges are filed against you. Having the right attorneys at the right time may even allow you to...
Read moreWhat You Should Do When You Are Under Investigation by the FBI
Last Updated: 2023-03-05 The FBI is a primary agency for investigating healthcare fraud and other federal crimes. It investigates potential fraud of both federal and private insurance programs. The FBI works under the supervision of the Department of Justice (DOJ) and often works in cooperation with the Health and Human...
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What You Should Do When You Are Under Investigation by the United States Secret Service?
The United States Secret Service is a federal law enforcement agency located within the Department of Homeland Security. While most people associate the Secret Service with protecting the President and other executive officials, the Secret Service also conducts investigative activities. Historically, the Secret Service was created to combat the counterfeiting...
Read moreMyth and Failure of Physician-Syndicated “MSO Models”
Introduction A recent trend in structuring physician-based healthcare deals is the so-called Physician-Syndicated MSO-Model (“PSMSO”). In contrast to well-respected traditional management services organizations, PSMSOs are based on the suggestion that physicians “manage” companies by providing a plethora of atypical physician “services” such as billing, accounting, marketing, and recruiting. This brief...
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What You Should Do When You Are Under Investigation by the United States Internal Revenue Service?
Internal Revenue Service Investigations are extremely serious and may result in federal civil or criminal charges. If you or your business are facing an investigation by the Internal Revenue Service, you need to act quickly to protect your interests.About the United States Internal Revenue ServiceThe Internal Revenue Service (IRS) is...
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What You Should Do When You Are Under Investigation for Mail Fraud?
About the United States Postal Inspection Service The United States Postal Service (“USPS”) is an executive agency within the federal government that manages the country’s national mail service. The USPS is also tasked with protecting the national mail service from criminal misuse and investigating crimes that may adversely affect the...
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What You Should Do When You Are Under Stark Law Investigation?
About the Stark Law The Stark Law (42 U.S.C. § 1395nn), also known as the Physician Self-Referral Law, imposes limitations on a physician’s right to refer patients to medical service providers in which the physician (or a family member of the physician) has a financial interest or a financial relationship....
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