Is the Anti-Kickback Statute intent based?

While the Anti-Kickback Statute covers a broad range of activity, it also requires a showing of an “intent to induce referrals.” The criminal provisions of the Anti-Kickback Statute are violated where something of value is “knowingly and willfully” provided with a purpose to induce referrals. …

What is the US Anti-Kickback 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 Anti kick statue?

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 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.

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 illegal in a kickback situation?

A kickback is an illegal payment intended as compensation for preferential treatment or any other type of improper services received. The kickback may be money, a gift, credit, or anything of value. Kickbacks are often referred to as a type of bribery.

What is a kickback fee?

A kickback is an illegal payment intended as compensation for preferential treatment or any other type of improper services received. The kickback may be money, a gift, credit, or anything of value.

What do you need to know about the Anti Kickback Law?

The Anti-Kickback Statute prohibits “referrals” under that include “any item or service for which payment may be made in whole or in part under a Federal health care program.” While the Anti-Kickback Statute covers a wide range of prohibited conduct, it also requires proof of “intent to induce referrals.”

What’s the difference between the Anti Kickback Statute and the Stark Law?

The Anti-Kickback Statute. The Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b), covers a broader range of activity than the Stark Law, and extends to all medical providers in a position to arrange or recommend medical services.

Is there an Anti Kickback Statute for Medicare?

When this Medicare fraud is left overlooked, many of your loved ones could be in danger. But the Anti-Kickback Statute is your safeguard. We will help you learn how to combat illegal kickbacks and defend yourself from being accused of by an in-depth understanding of the Anti-Kickback Statute – how it works and applies in your daily living.

What’s the best defense for a kickback case?

Meaning, when you are accused of violating the law, your best defense is identifying your case on whether or not it covers the Safe Harbors – or the exceptions for engaging in referral activities.

What are the basics of the Anti-Kickback Statute?

The Anti-Kickback Statute, codified at 42 U.S. Code § 1320a-7b (b), is an American federal law which imposes criminal and, particularly in association with the federal False Claims Act, civil liability on those that 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.

What is the Stark Law and the Anti-Kickback Statute?

Stark Law and Anti-Kickback Statute. The contracts and agreements that doctors, hospitals, and medical practices form with other healthcare providers are regulated by two federal laws: Stark Law and the Anti-Kickback Statute, both of which impose restrictions on a physician’s ability to make referrals to designated health services (DHS)…

Does Oklahoma have an Anti-Kickback Statute?

The Oklahoma Anti-Kickback Statute provides: Any person who intentionally or knowingly pays to or accepts anything of value from any person, firm, association of persons, partnership, or corporation, for securing or soliciting patients for any health care…

What is the abbreviation for Anti-Kickback Statute?

What is the abbreviation for Anti-Kickback Statute? Anti-Kickback Statute is abbreviated as AKS