As A New Doctor, What Federal Laws Should I Be Concerned With?

In addition to any state laws that may impact a doctor’s practice, the main civil Federal laws and their implementing regulations that concern physicians are the False Claims Act, the Anti-Kickback Statute, the Physician Self Referral Act (often called the Stark Law), the Exclusion Statute, and the Civil Monetary Penalties Law.   An additional law that impacts the practice of medicine is the Health Insurance Portability and Accountability Act (HIPAA).

There are also criminal statutes related to fraud and abuse in the context of health care. The most frequently cited Federal statutes include Health Care Fraud, Theft or Embezzlement in Connection With Healthcare, False Statement Relating to Health Care Matters, Obstruction of Criminal Investigations of Health Care Offense, Mail and Wire Fraud, and Criminal Penalties For Acts Involving Federal Health Care Programs.

The federal agencies charged with implementing these laws include the Department of Justice, the Department of Health & Human Services Office of Inspector General, and the Centers for Medicare & Medicaid Services.

Navigating through compliance web can often be confusing.  Consult with your professional association and seek the assistance of a lawyer when in doubt.