Regulators are keeping a closer watch for possible kickback schemes among hospices.

Along with False Claims Act cases, anti-kickback violations are among the most commonly occuring forms of hospice fraud and abuse.

Hospices need to have a careful eye on compliance when it comes to structuring referral arrangements to ensure they in compliance with the law, according to Meg Pekarske, hospice attorney and partner at Husch Blackwell.

“In false claims cases against hospices, oftentimes something related to physician relationships can be alleged — like whether you’re paying for referrals or how you’re working with physicians that may lead to a [patient] admission or retention of ineligible patients,” Pekarske said in a recent episode of the law firm’s podcast. “If you have more physician arrangements than you have patients, it might look what some might call ‘commercially unreasonable,’ like you’re overpaying for physician services and contracting with them to encourage and referrals.”

Regulators may be paying closer attention to hospice physician arrangements as they diversify their services with upstream care, according to Andrew Brenton, senior associate at Husch Blackwell.

“A lot of our hospice clients are exploring ways to get further upstream and provide non-hospice services, whether it be palliative care, home health services, or just really any type of ‘upstream care,’” Brenton said in the podcast. “As they get more into that area, Stark Law could apply, depending on...

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