Kickback allegations can threaten everything from your license to your practice’s future. As regulators ramp up enforcement under the Anti-Kickback Statute, physicians and healthcare organizations must understand how to navigate investigations, correct course, and protect their reputation.
Whether triggered by a whistleblower, billing anomaly, or competitor complaint, these cases move fast, and the penalties can be severe. Here’s what to know about the Anti-Kickback Statute in 2025, what steps to take if your practice is under scrutiny, and how an experienced anti-kickback attorney can help.
The federal Anti-Kickback Statute (AKS) prohibits offering, soliciting, or receiving anything of value to induce referrals for services covered by federal healthcare programs (like Medicare or Medicaid). That includes:
California also enforces its own version, known as the California Anti-Kickback Statute, which applies even more broadly, even to private insurance arrangements.
Violations can lead to fines, criminal charges, exclusion from Medicare/Medicaid, and even jail time.
If your practice receives notice of an investigation, don’t wait to respond. Engage an attorney with deep experience in anti-kickback healthcare enforcement. Time is critical.
An experienced healthcare practice attorney will help you:
This is not the time for general counsel. You need a specialist in anti-kickback statute defense.
Before you respond to regulators, work with counsel to review any relationships that could raise red flags:
Your attorney can evaluate whether federal or California healthcare laws offer safe harbors, or if disclosure or restructuring is required. For a broader look at how the Anti-Kickback Statute in 2025 fits into this year’s legal landscape, see California healthcare laws you might have missed.
Preserve all documentation related to:
Even if there was no intent to violate the law, gaps in your records can work against you. A strong documentation trail is essential for mounting an effective healthcare fraud defense.
If you’re contacted by the Office of Inspector General (OIG), DOJ, or state investigators, whether through a letter, subpoena, or surprise visit, do not respond directly without legal support.
Even informal conversations can introduce risk. Your attorney will manage communications, advise on what to disclose, and help you avoid making any statements that might be used against you.
If you’re unsure how to proceed, review this guide on responding to OIG investigations.
Whether or not an investigation is underway, now is the time to review your compliance protocols, especially if they don’t explicitly address referral relationships or vendor arrangements.
Key areas to assess:
If not, update your compliance program with help from your legal team. For a broader checklist on policy improvement, see how auditing your HIPAA compliance and vendor oversight can support enforcement readiness.
If your practice faces kickback allegations or is unsure whether existing partnerships or contracts could raise red flags, now is the time to act. The earlier you involve legal counsel, the more options you have for resolution, protection, and peace of mind.
At Fenton Jurkowitz Law Group, we advise healthcare providers across California on how to navigate the Anti-Kickback Statute, respond to investigations, and strengthen compliance programs before issues arise. Connect with a healthcare attorney today to speak with an experienced anti-kickback attorney and protect your practice from costly legal exposure.