Case managers/discharge planners continue to come under fire from fraud enforcers for violations of the federal anti-kickback statute. This statute generally prohibits anyone from either offering to give or actually giving anything to anyone in order to induce referrals. Case managers/discharge planners who violate the anti-kickback statute may be subject to criminal prosecution that could result in prison sentences, among other consequences.

Recent Cases

Most recently, owners of a home health agency and a hospice pled guilty to one count of conspiracy to commit health care fraud, and one count of conspiracy to pay and receive health care kickbacks. According to court documents, the owners paid and directed others to pay kickbacks to multiple individuals for patient referrals from at least July, 2015, through April, 2019. Kickbacks were paid to employees of health care facilities as well as to employees’ spouses. Specifically, kickbacks were paid to:

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