NY Physician and Associates Admit Violating Anti-Kickback Statute in Genetic Testing Scheme

In a recent development, prominent New York primary care physician Yitzchok “Barry” Kurtzer, his wife, and two staff members have admitted to violations of the federal Anti-Kickback Statute (AKS). The U.S. Attorney’s Office in Trenton, NJ publicised these findings on November 22.

Dr. Kurtzer, who resides in Monsey, NY, but possesses offices in the Scranton, PA area, and his wife confessed to both soliciting and receiving kickbacks and bribes in return for requesting genetic tests. Kurtzer’s wife played a significant role in managing these offices, where the aforesaid activities took place.

Additionally, two of Dr. Kurtzer’s employees also pleaded guilty for their involvement in the act of conspiring to violate the federal Anti-Kickback Statute (AKS). The details regarding the precise implications of this violation are currently undisclosed.

The AKS is a federal law that prohibits the exchanging (or offer to exchange), of remunerations — which include kickbacks, bribes, or rebates — for referrals for services that are reimbursed by the Federal healthcare program. Violations of the AKS are taken very seriously and may trigger criminal and civil charges, possibly leading to fines and imprisonment.

To reiterate the significance of adhering to the law in healthcare practices, the federal statute exists to ensure the prescriptions and referrals are based on patients’ needs rather than the personal financial benefits of healthcare providers.

For more information on the case, visit the original report By: Rivkin Radler LLP on JDSupra.com