Florida Stark Law Defense Attorney
If you’re a physician or healthcare provider, even a minor misstep in today’s complex web of healthcare regulations can have serious consequences. One of the most critical and often misunderstood laws in this arena is the federal physician self-referral law, widely known as the Stark Law. Florida has adopted a similar state statute that mirrors the federal provisions, and violations can result in steep civil penalties, exclusion from Medicare and Medicaid programs, and serious harm to your professional reputation.
Whether you’re under investigation or have already been charged with a Stark Law violation, the stakes are too high to face alone. You need an experienced healthcare defense attorney who understands both the legal intricacies and the healthcare landscape. Attorney Jonathan Rose has extensive experience defending Florida healthcare professionals against fraud allegations and other violations. He will work aggressively to protect your rights, safeguard your medical license, and preserve your career.
Call Jonathan Rose at (407) 894-4555 or submit the “Tell Us What Happened” form on our website to schedule a confidential consultation today. Don’t wait—early legal intervention can make a critical difference in the outcome of your case.
What Is the Stark Law?
The Stark Law, officially known as the Physician Self-Referral Law, is a federal statute that prohibits physicians from referring patients for certain designated health services (DHS) payable by Medicare or Medicaid to an entity with which the physician (or an immediate family member) has a financial relationship, unless a specific regulatory exception applies. This includes both ownership/investment interests and compensation arrangements.
The law aims to prevent financial incentives from improperly influencing medical decision-making. For this reason, designated health services include many healthcare services, including clinical laboratory services, physical or occupational therapy, certain imaging services, radiation therapy, home health services, hospital services and other types of healthcare services and supplies.
Violations of the Stark Law are strict liability offenses, meaning that intent to defraud is not required for civil penalties to apply. Because the Stark Law broadly prohibits physician self-referrals for designated health services paid by Medicare or Medicaid, it’s surprisingly easy for well-intentioned healthcare providers to find themselves under investigation. Common alleged violations include:
- Referrals to an owned imaging center
A physician refers patients for MRIs or CT scans to a diagnostic imaging facility that they or a family member owns or holds a financial interest in without meeting a Stark Law exception. - Improper compensation arrangements
A hospital pays a physician above-market rates or provides bonuses based on the volume or value of referrals the physician generates, which may violate the law if not properly structured. - Unwritten or expired lease agreements
Physicians leasing office space or equipment to a referred entity without a written agreement or after the agreement has expired may trigger a violation, even if no harm occurred. - Referral relationships without proper documentation
Even legitimate business arrangements like group practices or joint ventures can result in Stark Law scrutiny if they lack proper documentation or fail to meet a specific regulatory exception. - In-office ancillary services abuse
While there are exceptions for services performed within the physician’s own practice, these exceptions have strict requirements, and failing to comply with them can lead to violations.
If you are at risk of being investigated for a Stark Law violation or are currently under investigation, it is important to consult with an experienced healthcare defense attorney as soon as possible. Attorney Jonathan Rose has extensive experience defending healthcare professionals against Stark Law allegations and other complex federal and state regulatory issues. He understands what’s at stake – your career, your reputation, and your future.
Call Jonathan Rose today at (407) 894-4555 or complete the “Tell Us What Happened” form on our website to schedule a confidential consultation and begin protecting your rights and your future today. Early intervention can make all the difference.
Florida’s Version of the Stark Law
The Florida Patient Self-Referral Act of 1992 closely mirrors the federal Stark Law. Codified in Florida Statutes § 456.053, it restricts physicians in the state from referring patients to entities in which they have financial interests for certain services, including clinical labs, diagnostic imaging, physical therapy, radiation therapy, and more.
Unlike the federal version, Florida’s statute applies to all patients (not just Medicare/Medicaid recipients), which significantly broadens its scope. Violations can lead to disciplinary action by the Florida Board of Medicine, fines, and possible loss of a medical license.
Potential Penalties for a Violation of the Stark Law
If a judgment is entered for a violation of the Stark Law, both your medical practice and your career could be at considerable risk. A violation of the federal Stark law carries with it potential penalties that include:
- Denial of payment from the relevant healthcare program
- An order to refund payment already received
- Future exclusion from federal healthcare programs
- Imposition of civil monetary penalty of $15,000 per service
- Imposition of a $100,000 civil monetary penalty for each arrangement considered to be a circumvention scheme.
While the Stark Law itself is a civil statute and does not impose criminal penalties, related conduct can often give rise to criminal charges under other federal statutes. In investigations involving Stark Law violations, prosecutors may uncover evidence of additional wrongdoing that leads to criminal charges, especially when there is an intent to defraud or conceal unlawful payments.
Some of the most common criminal offenses that may be charged in connection with Stark Law violations include:
While the Stark Law prohibits referrals based on financial relationships, the Anti-Kickback Statute criminalizes the knowing and willful payment or receipt of anything of value to induce referrals for items or services reimbursable under federal healthcare programs. Penalties for AKS violations include up to 10 years in prison, criminal fines, and exclusion from federal healthcare programs.
If a Stark Law violation involves a scheme to defraud Medicare or Medicaid (e.g., knowingly submitting claims arising from prohibited referrals), it may constitute healthcare fraud. Penalties for healthcare fraud include up to 10 years in prison per offense (or 20 years if serious injury results), plus fines.
Submitting claims to Medicare or Medicaid that are tainted by a Stark Law violation may trigger civil or criminal liability under the FCA, especially if the claims were knowingly submitted. Criminal penalties under 18 U.S.C. § 287 include up to 5 years in prison and fines, while civil penalties include three times the damages plus potential financial penalties per false claim.
If electronic communications (emails, faxes, wire transfers) or mail were used to further an unlawful self-referral or kickback scheme, wire or mail fraud charges may apply. Penalties for wire or mail fraud can include up to 20 years in prison per offense.
When two or more individuals knowingly conspire to violate federal healthcare laws, including Stark-related fraud, prosecutors may pursue conspiracy charges. Penalties for conspiracy include up to 5 years in prison plus fines.
Even though a Stark Law violation on its own is a civil matter, it often triggers broader investigations by the Department of Justice (DOJ), the Office of Inspector General (OIG), and the Centers for Medicare & Medicaid Services (CMS). These agencies may uncover intentional misconduct that leads to criminal charges with severe consequences.
If you are a physician or other healthcare provider facing a Stark Law investigation, it’s critical to act fast. Attorney Jonathan Rose has the knowledge and experience to defend you not only against civil enforcement but also against potential criminal liability. Call (407) 894-4555 today for a confidential consultation.
Defending Against Allegations of a Stark Law Violation
If you are being investigated by the federal government for a Stark Law violation, the investigation will likely be complex and lengthy, involving several federal law enforcement agencies. By the time you become aware of the investigation, or you are arrested, the government will likely have amassed a considerable amount of potentially damaging evidence against you and/or your medical practice. Getting an experienced defense attorney on board as soon as possible is the key to protecting your rights and constructing a winning defense.
The good news is that there are several common defense strategies that might be applicable in your case if you have been accused of violating the Stark Law.
- Applicable Exception
One of the most effective defenses is proving that the referral falls under one of the law’s many regulatory exceptions, such as:- In-office ancillary services exception
- Fair market value compensation
- Bona fide employment relationships
- Isolated financial transactions
Demonstrating compliance with every element of a Stark Law exception can shield providers from liability.
- Lack of a “Designated Health Service”
If the services at issue do not qualify as a DHS under the Stark Law (e.g., they are not billed to Medicare or Medicaid), then the law may not apply. - No Financial Relationship
If there is no financial relationship between the referring physician and the entity receiving the referral, the Stark Law may not be triggered. - Voluntary Disclosure and Mitigation
Providers who uncover a potential violation may be able to mitigate penalties by voluntarily disclosing the issue through the CMS Self-Referral Disclosure Protocol (SRDP). An experienced attorney can guide you through this process and help minimize exposure. - Insufficient Evidence
In some cases, investigators may lack clear evidence of a referral or financial interest. A defense attorney can challenge assumptions or incomplete documentation relied upon by the government.
Because every case is fact-specific, the best defense will depend on your particular circumstances. Attorney Jonathan Rose will thoroughly analyze your situation, identify applicable defenses, and advocate for the best possible outcome.
Get the Help You Need from an Experienced Florida Stark Law Defense Attorney
Navigating the complexities of healthcare law is no simple task—especially when your career, reputation, and financial stability are on the line. Stark Law violations can lead to severe civil penalties, exclusion from federal programs, disciplinary action against your Florida medical license, and even trigger related criminal investigations. Whether you are facing an audit, under investigation, or have been formally accused, you need a skilled advocate who understands both the legal landscape and the unique challenges faced by healthcare professionals.
Attorney Jonathan Rose is a trusted Florida defense attorney with extensive experience protecting physicians and other healthcare providers in regulatory and criminal matters. He offers the insight, strategy, and determination necessary to defend your rights and safeguard your professional future.
Don’t wait for the situation to escalate. Call Jonathan Rose P.A. today at (407) 894-4555 or complete the “Tell Us What Happened” form on our website to get the experienced advocacy and protection you need.