102:, civil liability on those who knowingly and willfully offer, solicit, receive, or pay any form of remuneration in exchange for the referral of services or products covered by any federal healthcare program (e.g., the referral of a Medicare patient for an MRI), subject to certain narrow exceptions. In other words, the statute covers both those who provide (or offer) kickbacks and those who receive (or solicit) kickbacks. The statute is among the most important healthcare fraud and abuse laws in the United States. Violation of the AKS is a
25:
109:
The AKS was "enacted to ensure that clinical decisions and medical services are provided to patients based on their medical needs and not on the improper financial considerations of providers". The illegal remuneration covered by the AKS includes "anything of value" and is therefore not limited to
97:
prohibiting financial payments or incentives for referring patients or generating federal healthcare business. The law, codified at 42 U.S. Code § 1320a–7b(b), imposes criminal and, particularly in association with the federal
110:
cash. Thus, the sorts remuneration barred by the AKS may be, for example, in the form of consulting fees, gifts (e.g., sports tickets), discounted rent, research grants, and bonuses. The AKS is a separate law from the
271:
125:
and thus may result in liability under the False Claims Act (including the False Claims Act's treble damages and civil monetary penalty provisions). Given this interplay between the AKS and the
121:
A claim made to the federal government (e.g., a claim to
Medicare for a patient visit) that results from a violation of the Anti-Kickback Statute is, by its by nature, a "false claim" under the
58:
129:, violations of the AKS have formed the basis of a great number of high value civil recoveries in favor of the federal government (and whistleblowers) under the
179:"Kickbacks And Other Illegal Arrangements: The Anti-Kickback Statute, Stark Law, And The False Claims Act - False Claim Act Law Firm - Call | 215-320-6200"
229:
211:
247:
44:
76:
198:"Office of Inspector General U.S. Department of Health and Human Services: A Roadmap for New Physicians: Fraud & Abuse Laws"
54:
40:
35:
178:
230:"Justice Department Recovers Over $ 2.8 Billion from False Claims Act Cases in Fiscal Year 2018"
197:
248:"Justice Department Recovers over $ 3 Billion from False Claims Act Cases in Fiscal Year 2019"
156:"42 U.S. Code § 1320a–7b - Criminal penalties for acts involving Federal health care programs"
130:
126:
122:
99:
155:
265:
114:; however, the AKS may, in many instances, cover conduct within the scope of the
94:
24:
115:
111:
103:
18:
272:
United States federal government administration legislation
50:
39:, potentially preventing the article from being
8:
59:reliable, independent, third-party sources
77:Learn how and when to remove this message
53:by replacing them with more appropriate
192:
190:
188:
150:
148:
146:
142:
36:too closely associated with the subject
173:
171:
169:
7:
212:"What Is the Anti-Kickback Statute?"
14:
160:LII / Legal Information Institute
34:may rely excessively on sources
23:
1:
288:
93:(AKS) is an American
91:Anti-Kickback Statute
236:. December 21, 2018.
216:www.americanbar.org
254:. January 9, 2020.
118:(and vice versa).
200:. September 2021.
87:
86:
79:
279:
256:
255:
244:
238:
237:
226:
220:
219:
208:
202:
201:
194:
183:
182:
175:
164:
163:
152:
131:False Claims Act
127:False Claims Act
123:False Claims Act
100:False Claims Act
82:
75:
71:
68:
62:
27:
19:
287:
286:
282:
281:
280:
278:
277:
276:
262:
261:
260:
259:
252:www.justice.gov
246:
245:
241:
234:www.justice.gov
228:
227:
223:
210:
209:
205:
196:
195:
186:
177:
176:
167:
154:
153:
144:
139:
83:
72:
66:
63:
48:
28:
17:
12:
11:
5:
285:
283:
275:
274:
264:
263:
258:
257:
239:
221:
203:
184:
165:
141:
140:
138:
135:
85:
84:
31:
29:
22:
16:US federal law
15:
13:
10:
9:
6:
4:
3:
2:
284:
273:
270:
269:
267:
253:
249:
243:
240:
235:
231:
225:
222:
217:
213:
207:
204:
199:
193:
191:
189:
185:
180:
174:
172:
170:
166:
161:
157:
151:
149:
147:
143:
136:
134:
132:
128:
124:
119:
117:
113:
107:
105:
101:
96:
92:
81:
78:
70:
60:
56:
52:
46:
42:
38:
37:
32:This article
30:
26:
21:
20:
251:
242:
233:
224:
215:
206:
159:
120:
108:
90:
88:
73:
67:October 2020
64:
49:Please help
33:
95:federal law
137:References
51:improve it
41:verifiable
116:Stark Law
112:Stark Law
55:citations
266:Category
45:neutral
104:felony
89:The
43:and
57:to
268::
250:.
232:.
214:.
187:^
168:^
158:.
145:^
133:.
106:.
218:.
181:.
162:.
80:)
74:(
69:)
65:(
61:.
47:.
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
