Stacked penalties raise stakes in fraud and abuse prosecutions

Although providers try to comply with the laws regulating the provision of healthcare services to Medicare patients, there are many circumstances under which violations could be committed unwittingly, making the provider liable for civil or criminal penalties. If a provider becomes aware that a violation of the Federal antikickback statute, the Stark II law, or the False Claims Act may have occurred, it should act quickly to determine if, in fact, a violation actually did occur and take corrective action, or document why the particular activity does not constitute a violation. In some cases, a violation of the False Claims Act can be linked with a violation of one of the other laws. When violations are "stacked" in this manner, provider liability increases.