Parker Poe attorneys advise healthcare clients in the areas commonly referred to as the “fraud and abuse” laws – which includes the federal False Claims Act, the federal anti-kickback statute and the federal self-referral prohibition known as the “Stark Law.” Our attorneys provide the full range of services in the fraud and abuse area, including the areas summarized below.

Compliance Planning
Our attorneys frequently assist clients in analyzing their business practices and drafting corporate compliance plans. Compliance planning accomplishes two goals:

• first, a good compliance plan identifies compliance risks and trains the workforce to recognize risk areas, thereby reducing the likelihood of expensive and damaging noncompliance with law; and
• second, a good compliance plan provides proof of good faith effort to comply with law, thereby making possible penalties for noncompliance less likely.

Transactional Advice
Our attorneys assist clients in structuring transactions to comply with the fraud and abuse laws. We also analyze transactions for noncompliance and advise clients on ways to minimize compliance risks. Most transactions can be structured in a manner that will minimize the risk of noncompliance and accomplish the goals of the parties to the transaction.

Investigations
Our attorneys work with healthcare clients to understand possible compliance issues, build an investigative strategy, conduct a full inspection and provide conclusions and recommended actions. We work quietly on internal matters that never receive public attention, but we also represent clients in all stages of investigations involving grand juries, federal and state courts, regulatory agencies and auditors, congressional inquiries and civil disputes.

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