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ABA Enforcement Reality: Anti-Kickback, FCA & Growth Risk with Glenn Prives
Most ABA owners don’t set out to create legal risk.
But operational decisions around referrals, compensation, supervision, and billing can quietly shape Anti-Kickback and False Claims Act exposure long before anyone realizes it.
In this episode, Tzvi Weiser speaks with Glenn Prives, Shareholder at Baker Donelson, who works directly on healthcare enforcement and investigations.
They discuss:
• Why enforcement attention in ABA is rising
• How investigations actually start (utilization outliers, whistleblowers, payer audits)
• Anti-Kickback risks in referral relationships and rental arrangements
• School-based ABA and beneficiary inducement concerns
• W2 vs 1099 classification risk in diligence and enforcement
• Productivity incentives and medical necessity drift
• Out-of-network billing and routine copay waivers
• When corporate compliance problems become personal liability
The episode closes with three concrete steps ABA owners should take in the next 30 days to assess their risk.
This conversation isn’t about fear. It’s about building clinics that withstand scrutiny, and sustain long-term value.
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By Tzvi ”LLC” WeiserMost ABA owners don’t set out to create legal risk.
But operational decisions around referrals, compensation, supervision, and billing can quietly shape Anti-Kickback and False Claims Act exposure long before anyone realizes it.
In this episode, Tzvi Weiser speaks with Glenn Prives, Shareholder at Baker Donelson, who works directly on healthcare enforcement and investigations.
They discuss:
• Why enforcement attention in ABA is rising
• How investigations actually start (utilization outliers, whistleblowers, payer audits)
• Anti-Kickback risks in referral relationships and rental arrangements
• School-based ABA and beneficiary inducement concerns
• W2 vs 1099 classification risk in diligence and enforcement
• Productivity incentives and medical necessity drift
• Out-of-network billing and routine copay waivers
• When corporate compliance problems become personal liability
The episode closes with three concrete steps ABA owners should take in the next 30 days to assess their risk.
This conversation isn’t about fear. It’s about building clinics that withstand scrutiny, and sustain long-term value.