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When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.
Client Testimonials
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THE BEST LAWYER ANYONE COULD ASK FOR.
The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.
Physicians and other medical providers are prime objects of kickback schemes. They make important decisions, and their patients approach them with authority. Other businesses, such as pharmaceutical companies, other service providers, medical equipment suppliers and facility owners could benefit from getting more patient business. They may reward doctors for referring Medicaid and Medicare clients to them and vice versa. However, this practice is a felony.
What Is the Anti-Kickback Law?
The Anti-Kickback Law, which falls under 42 U.S. Code § 1320a–7b, is officially known as the Anti-Kickback Statute. It serves to bar healthcare providers from offering any type of compensation in return for patient referrals that are covered by any federal healthcare programs.
This prevents treatment options and recommendations from being influenced by financial profit. Patients’ medical decisions must be made based on their health needs. The physicians’ monetary interests should play no part in their recommendations for treatment, diagnoses or referrals.
This legislation helps limit the over-utilization of medical services. It also helps to regulate Medicare and Medicaid program costs and promote equitable competition. Finally, it helps all patients have access to high-quality, impartial medical care.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
What Activities Violate the Anti-Kickback Statute?
The anti-kickback statute is broad and covers activities that involve referring someone to a practitioner or recommending treatments and medications that are covered by government healthcare programs. Anyone who offers or receives a reward for these activities is in violation of the law.
The compensation doesn’t have to be monetary. It can be anything of value.
Some examples of how the anti-kickback law could be violated include:
• Pharmaceutical companies providing consulting services to providers who prescribe their medications
• Offering to fund research in exchange for referrals
• Routinely forgiving or waiving Medicare and Medicaid copays
• Offering real estate, partnership or investment opportunities in exchange for referrals
• Hospitals and facilities discounting rent for providers who will refer business to them
• Pharmacies paying patient recruiters
• Providing restaurant meals, entertainment tickets and travel vouchers in exchange for referrals
• Providing compensation that’s higher than market value to doctors who send patients your way
• Giving out discounts that don’t meet safe harbor requirements
This statute doesn’t prevent doctors from making referrals altogether. In fact, legal referrals are made every day. Our healthcare system depends on it. However, if the referrals are made for reasons other than an interest in patient wellness, they may be a violation of the anti-kickback law. Referrals that violate the law must also be made or received intentionally and willingly.
An individual could violate this law even if the referral service or treatment was medically necessary. The plaintiff does not need to demonstrate that the patient endured any harm.
Consequences and Penalties for Violating the Anti-Kickback Statute
Violating the Anti-Kickback Statute is a felony. The federal code sets forth a penalty of up to 10 years of imprisonment and a fine of up to $100,000. If the Department of Justice discovers that one party has been offering kickbacks, they will conduct an investigation to take legal action against the recipients.
Other charges may also be combined along with a charge of violating the anti-kickback law. These include violation of the False Claims Act and Physician Self-Referral Law, known as the Stark Law.
Moreover, the Civil Monetary Penalties Law sanctions the imposition of monetary and other penalties for fraud. Fines range from $2,000 to $100,000. They are typically much greater than those imposed by the federal government. Intention does not have to be proved in a case that involves a violation of the Civil Monetary Penalties Law. Violators of this law could lose their qualification to participate in federal healthcare programs.
Safe harbor provisions allow for some allowances. For example, discounts, regular employee pay, payments to purchasing agents and infrequent copay waivers for income reasons might not count as violations. However, there is a lot of gray area involved in the safe harbor provisions.
It’s crucial to work with an attorney who is experienced with these matters to navigate charges of violating the Anti-Kickback Statute. If the judge opposes your claim of coverage by safe harbor provisions, you could be penalized. You should work with a legal team that has substantial familiarity with statutes and regulations.
There are cases in which a practitioner wants to set up a legal referral program. If that’s the case, work with a lawyer to ensure that you comply with the Anti-Kickback Statute and all other applicable laws.
