Federal criminal prosecutions of kickback arrangements in the healthcare sector involving private pay patients.
American Criminal Law Review › Vol. 47 Nbr. 2, March 2010
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Summary
Twenty-Fifth Edition of the Annual Survey of White Collar Crime
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Extract
Federal criminal prosecutions of kickback arrangements in the healthcare sector involving private pay patients.
The integrity of our healthcare system depends largely on the ability of patients to receive care without fear that providers (2) are acting other than in the best interests of patients. For this reason, federal and state legislators have criminalized certain conduct by providers which enables them to put their own interests ahead of the interests of their patients. Kickback arrangements between providers are a prime example of such conduct. (3) But, at least at the federal level, the conventional wisdom has been that kickback arrangements are subject to federal prosecution only when federal and/or state monies are involved. This approach leaves untouched, at least from federal criminal prosecution, kickback arrangements aimed only at private pay patients. (4)
The conventional wisdom overlooks federal law that could, in fact, criminalize kickback arrangements even where federal and/or state monies are not implicated. The purpose of this article is to connect the dots between the statutes and the case law that may allow for federal prosecution of kickback arrangements aimed only at private pay patients, and to evaluate the policy considerations...See the full content of this document
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