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Updated Civil Monetary Penalties

By David Pivnick, Brett Barnett & Timothy Fry on November 18, 2019
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The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires agencies to adjust civil monetary penalties for inflation annually. Effective November 5, 2019, the Department of Health and Human Services released updated civil monetary penalties for the regulations its agencies are responsible for enforcing.

Below are key changes applicable to healthcare providers.

  1. The physician self-referral law, commonly known as the Stark Law, imposes civil monetary penalties for referring certain designated health services to an entity in which a physician has a financial relationship and for billing for those services. In 2018, the penalty per claim was a maximum of $24,748. The annual adjustment for 2019 increases this to $25,372 per claim.
  2. The federal anti-kickback statute imposes civil monetary penalties for knowing and willful solicitation, receipt, offer, or payment of remuneration for referring an individual for a service or for purchasing, leasing, or ordering an item to be paid for by a Federal health care program. In 2018, the penalty per violation was a maximum of $100,000. The annual adjustment for 2019 increases this to $102,522.
  3. The Civil Monetary Penalty Law also prohibits offering remuneration to induce beneficiaries of Federal health care programs to use particular providers, practitioners, or suppliers. In 2018, the penalty per violation was a maximum of $20,000. The annual adjustment for 2019 increases this to $20,504.
  4. The False Claims Act prohibits knowingly presenting or causing to be presented a false or fraudulent claim under to the federal government. In 2016 (when the dollar amounts were last updated), the penalty for violating this prohibition was $10,000 per claim. The 2019 adjustment increases this to $10,461. The False Claims Act also prohibits making, using, or causing to be made or used a false record or statement material to a false or fraudulent claim. In 2016, the penalty for violating this prohibition was $50,000 per violation. The 2019 adjustment increases this to $52,308.

As always, healthcare providers should be mindful of the landscape of regulatory requirements that govern their business. The penalties for violations are large, and, as demonstrated by this 2019 update, the federal government is consistent in increasing the potential liability.

Photo of David Pivnick David Pivnick

David currently serves as co-leader of the firm’s Healthcare Litigation and Enforcement Practice Group. Private equity firms, their platforms, healthcare providers, and health insurance companies regularly look to David for guidance in positioning disputes favorably and litigation avoidance, responding to and addressing Government…

David currently serves as co-leader of the firm’s Healthcare Litigation and Enforcement Practice Group. Private equity firms, their platforms, healthcare providers, and health insurance companies regularly look to David for guidance in positioning disputes favorably and litigation avoidance, responding to and addressing Government investigations, and handling active litigation in a manner that carefully considers the clients’ business objectives.

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Photo of Brett Barnett Brett Barnett

Brett is the co-leader of McGuireWoods’ False Claims Act Investigations & Litigation Practice Group. He focuses his practice on representing clients in high-stakes False Claims Act matters, healthcare fraud and abuse investigations, and complex commercial litigation across the country. Brett routinely leads internal…

Brett is the co-leader of McGuireWoods’ False Claims Act Investigations & Litigation Practice Group. He focuses his practice on representing clients in high-stakes False Claims Act matters, healthcare fraud and abuse investigations, and complex commercial litigation across the country. Brett routinely leads internal and government-facing investigations involving the U.S. Department of Justice and other federal and state agencies, and defends clients in civil FCA litigation, often involving parallel proceedings and regulatory scrutiny.

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Photo of Timothy Fry Timothy Fry

Tim resolves clients’ thorny compliance and regulatory issues that make or break healthcare transactions and operations. He delivers practical, business-oriented solutions that clear obstacles, close deals, and protect enterprise value.

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  • Posted in:
    Health Care and Life Sciences
  • Blog:
    The FCA Insider
  • Organization:
    McGuireWoods LLP
  • Article: View Original Source

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