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​Beyond STARK: Physicians and the Anti-Kickback Statute

In the last post we discussed the Physician Self-Referral Law or STARK Law. Here, we are talking about the Anti-Kickback Statute (AKS). This law makes it unlawful to offer, pay, solicit, or receive anything of value to induce or reward referrals or generate federal health care program business. This statute is similar to the STARK Law in that it deals with physician referrals, but has this law has additional elements to prove.

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​Physicians Beware: STARK is Watching

The Physician Self-Referral Law or STARK Law makes it unlawful for a physician to refer a patient to receive “designated health services” payable by Medicare or Medicaid from entities in which they themselves or an immediate family member have a financial interest. We first discuss the elements of the STARK Law, and then we dive into some of the common exceptions available to physicians.

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Making a COCCA Case: Predicate Offenses

A conviction for a COCCA charge requires the prosecution to prove beyond a reasonable doubt that the defendant engaged in a pattern of racketeering activity. A pattern of racketeering activity means committing two or more “predicate acts." Colorado Revised Statute section 18-17-103(5) includes a number of qualifying crimes. The following are some of the more common “predicate acts” used to establish a pattern of racketeering activity.

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COCCA Charges: Colorado's RICO used in Marijuana and White Collar Offenses

There are four basic COCCA charges available to prosecutors. These charges range from using proceeds of illegal activity to merely being employed by an organization engaged in a pattern racketeering activity.

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The Passing of Amazing American

Despite being an entrepreneurial magnate and icon, Charles Lazarus always put his family first. He will be sorely missed. To learn more about his life, please check out his obituary in The New York Times.

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Disclaimer: The information in this blog is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog should be construed as legal advice from The Eichner Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this blog should act or refrain from acting on the basis of any information included in, or accessible through, this blog without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.