Legal Question in Health Care Law in Indiana

"Self-Referral and Anti-Kickback Issues in equipment leasing"

I work for a company that services hospitals with equipment for cataract surgery. I am competeing for our service with a doctor that is bringing in a service that he owns partnership. We have beaten his bid for the service according to the hospital but the doctor has forced an issue that he will only work with the other service he owns stock in. This is kick-back and self referral yes? Please inform me how it would not be if possible.


Asked on 3/23/00, 3:52 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re:

This certainly appears, on the facts you have given me, to be suspicious. It could be that you have a cause of action under 31 USC section 3729, the False Claims Act, or under other health care fraud laws. Feel free to contact us at 888-717-7575 for additional information.

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Answered on 3/28/00, 1:06 pm


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