Anti-Kickback
The federal anti-kickback law is a criminal statute that provides that anyone who knowingly and willfully receives or pays anything of value to influence the referral of federal health care program business, including Medicare and Medicaid, can be held accountable for a felony. Violations of the law are punishable by up to five years in prison, criminal fines up to $25,000, administrative civil money penalties up to $50,000, and exclusion from participation in federal health care programs.
Because the prohibitions of the law are broad, implicating many relatively innocuous commercial arrangements, regulations have been promulgated designating specific “safe harbors” for various payment and business practices that, while potentially prohibited by the broad letter of the law, will not be prosecuted
Successful navigation of the federal Anti-kickback law requires legal counsel from an attorney with experience in the fraud and abuse arena. For more information on the federal anti-kickback law, please contact us or view our valuable healthcare links.