Self-Referral Qui Tam Cases

The purpose of the Stark Act is to prevent abusive self-referrals by physicians. The Stark Act prohibits any physician from making a referral to a provider of designated healthcare services if the physician has a financial relationship with the provider. A financial relationship is defined as any compensation arrangement between the physician and the provider. As with AKS violations, a Stark Act violation may lead to FCA liability under an implied certification theory.

For more information and case citations, please see “Federal False Claims Act and Qui Tam Litigation,” published by Law Journal Press (2010).

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You should be aware that qui tam claims are subject to a Statute of Limitations. The area of limitations periods is complex. There are also first to file rules, public disclosure bars, original source issues, and varying limitations in pursuing retaliation claims. If you wish to pursue your claims, you should promptly seek the opinion of an attorney regarding the merits of your qui tam claim and the applicable statute of limitations.