What does the Anti-Kickback Statute do?
The AKS is a criminal law that prohibits the knowing and willful payment of “remuneration” to induce or reward patient referrals or the generation of business involving any item or service payable by the Federal health care programs (e.g., drugs, supplies, or health care services for Medicare or Medicaid patients).
Which act is known as the Anti-Kickback Act?
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.
What is an example of the Anti-Kickback Statute?
Hospitals and other companies often try to disguise their medical kickbacks as legitimate payments. For example, they might pay doctors inflated rates for speaking engagements or pay above fair market value to lease office space.
What does anti-kickback prohibit?
The Anti-Kickback Statute and Stark Law prohibit medical providers from paying or receiving kickbacks, remuneration, or anything of value in exchange for referrals of patients who will receive treatment paid for by government healthcare programs such as Medicare and Medicaid, and from entering into certain kinds of …
Is Anti-Kickback a statute?
The federal Anti-Kickback Statute (AKS) (See 42 U.S.C. § 1320a-7b.) is a criminal statute that prohibits the exchange (or offer to exchange), of anything of value, in an effort to induce (or reward) the referral of business reimbursable by federal health care programs.
What is the difference between Stark and Anti-Kickback?
Important Differences Source of Prohibited Referrals: Whereas the Stark Law only pertains to referrals from physicians, the Anti-Kickback Statute applies to referrals from anyone. The Anti-Kickback Statute provides for criminal punishment in addition to civil sanctions.
What is the difference between Stark and Anti-kickback?
Why is a kickback unethical?
Kickbacks come in many shapes and sizes. They come as gifts, money, credit, or anything of value. This is a corrupt practice because it interferes with a person’s ability to make unbiased decisions.
What are the Anti-Kickback safe harbors?
In healthcare, a safe harbor is a recognized exception to the Anti-Kickback Statute. While the Anti-Kickback Statute prohibits financial relationships between referral sources and business partners in general, safe harbors offer avenues to structure the exchange of remuneration in a legal fashion.
How do you prevent Anti-Kickback Statute?
Five Tips For Anti-Kickback Compliance
- Be aware of several safe harbors to the federal anti-kickback statute.
- Educate yourself about the risks.
- Ask yourself whether certain gifts are legitimate.
- Develop standards and procedures to address arrangements with other healthcare providers and suppliers.
What is considered an illegal kickback?
A kickback is an illegal payment intended as compensation for preferential treatment or any other type of improper services received. Paying or receiving kickbacks is a corrupt practice that interferes with an employee’s or a public official’s ability to make unbiased decisions.
Is kickback a crime?
A kickback is a crime that is similar to a bribe. It involves corruption, however, kickbacks differ from bribes, because they typically involve a pre-negotiated trade of goods and/or services and a quid pro quo style of cooperation.
What is the Federal Anti Kickback Statute?
The federal Anti-Kickback Statute (AKS) is one of the best-known federal fraud and abuse statutes, due largely to its wide-ranging effects on business relationships in the health care, pharmaceutical, and medical device sectors. The AKS is a criminal statute that prohibits transactions intended to induce…
What is the Anti-Kickback Statute?
The anti-kickback statute is a US law prohibiting a business or person from offering money to medical personnel in return for the recommendation of products or services to patients on certain federally covered medical programs, including Medicare/ Medicaid .
What is a kickback law?
Kickback Definition Law: Everything You Need to Know. A kickback definition in law refers to the misappropriation of funds that benefits a person with power or influence. Typically, that person goes on to use their power or influence to make another person or organization even richer.
