The Anti-Kickback Statute applies to all federal healthcare programs. Many healthcare and pharmaceutical companies have been found liable for paying or receiving kickbacks in order to induce business. Court rules New York can collect taxes from drug… While healthcare providers often structure referral arrangements to fit within one or more of the “safe harbors” in an effort to avoid being investigated, the “safe harbors” also often provide some of the best legal refuge for providers who are accused of civil or criminal violations of the Statute. The term “referral” isn’t defined in the law but has been defined very broadly by courts.

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The Federal Anti-Kickback Statute prohibits the knowing and willful solicitation, offer, payment or acceptance of any remuneration, directly or indirectly, overtly or covertly, in cash or in kind in return for:In a nutshell, the Anti-Kickback Statute prohibits a person or entity from paying another individual or entity to induce that individual or entity to refer items or services which may be reimbursed by a Federal health care program.A Federal health care program means any plan or program that provides health benefits, whether directly, through insurance, or otherwise, which is funded directly, in whole or in part, by the United States Government or any State health care program.It is important to note that remuneration has been viewed by the Federal government as very broad. remuneration under the anti-kickback statute, if the requisite intent to induce or reward referrals of Federal health care program business were present, but that the Office of Inspector General (“OIG”) would not impose administrative sanctions on [name redacted] Page 2 -OIG Advisory Opinion No. Of course, healthcare providers make many referrals that do not violate the Anti-Kickback Statute by taking advantage of the “safe harbors” that are written into the Statute and exempt certain referral arrangements from its prohibitions. Or a corrupt But kickbacks may not always appear so seedy. Absent a current attorney-client relationship with Barrett & Singal, any information or documents communicated or transmitted by you to Barrett & Singal will not be treated as confidential, secret or protected in any way.
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The federal Anti-Kickback Statute is a healthcare fraud and abuse statute that prohibits the exchange of remuneration—which the statute defines broadly as anything of value—for referrals for services that are payable by a federal program, which, in the context of healthcare providers, is Medicare. The Medicare anti-kickback statute (“AKS”) makes it a felony to knowingly and willfully offer, pay, solicit, or receive any remuneration to induce or reward referrals of items or services reimbursable by a federal health care program. This means, if an arrangement implicates the Anti-Kickback Statute and remuneration is exchanged, then it may not violate the Anti-Kickback Statute because it lacks the intent or knowledge element. On Tuesday, Florida Attorney General Ashley Moody announced a multistate, multimillion-dollar agreement against a national pharmaceutical company. This trend toward stricter enforcement and larger penalties has been ongoing for years with no end in sight. Early research from 23andMe strengthens link between blood types… | How Healthcare Companies Use Kickbacks to Influence Medical Decisions The Anti-Kickback Statute (“AKS”) is a federal law that prohibits paying or receiving remuneration in order to induce the referral of government paid healthcare business. The “referral services” safe harbor provides: “‘[R]emuneration’ does not include any payment or exchange of anything of value between an individual or entity (‘participant’) and another entity serving as a referral service (‘referral … See 42 U.S.C.

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