When was the anti-kickback law passed?
1972
Enactment and Expansion of the Federal Anti-Kickback Statute In an effort to ensure that only necessary items and services were being provided to Medicare and Medicaid beneficiaries, Congress passed the AKS in 1972, as an amendment to the Social Security Act.
What is the purpose of the Anti-Kickback Statute?
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).
What was the intent of safe harbor legislation?
Safe harbor healthcare compliance protects providers from federal civil investigations and criminal prosecutions, as well as from civil money penalties and possible exclusion from participation in Medicare, Medicaid, and other federally funded health programs.
How many anti-Kickback safe harbors are there?
23 anti-kickback safe harbors
After publication of the two new rules, there will be a total of 23 anti-kickback safe harbors consolidated in the Code of Federal Regulations in 21 subparagraphs.
What is an example of the Anti-Kickback Statute?
Basically, anything of value to a person in a position to refer, such as cheap office space, patients referrals, a free employee, or a fat bonus, can classify as an illegal inducement under the Anti-Kickback and Stark laws.
Where is the 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.
Who regulates the Anti-Kickback Statute?
The Office of the Inspector General (“OIG”) for the Department of Health and Human Services (“HHS”) also can pursue civil penalties. Not only can each kickback carry up to $50,000 in fines, the government also can demand up to three times the amount of each kickback.
What law makes kickbacks illegal?
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 …
What is the difference between an exception and a safe harbor under the Anti-Kickback Statute?
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.
What are the safe harbors under the Anti-Kickback Statute?
Thus, the regulations are known as “safe harbors.” They specify payment and business practices that are guaranteed to not be considered as kickbacks, bribes, or rebates under the Medicare and Medicaid programs.
What is the policy justification for the anti-kickback law?
At its heart, it is an anti-corruption statute designed to protect federal health care program beneficiaries from the influence of money on referral decisions and thus is intended to guard against overutilization, increased costs, and poor quality services.
What does anti-kickback prohibit?
What was the purpose of the Anti Kickback Statute?
Anti-kickback Statute, which prohibited payment of kickbacks, bribes, or rebates for the referral of Medicaid or Medicare patients.’ Congress declared that any conduct violating the statute would result
What are the penalties for a kickback scheme?
Criminal penalties can include fines up to $25,000 and a five-year prison term per kickback while civil penalties can cost as much as $50,000 per kickback in addition to three times the amount of damages sustained by the government. Violators can also be excluded from federal healthcare programs.
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 difference between Stark Law and Kickback Law?
Stark Law has a limited scope of enforcement, where the law applies only to medical practitioners who have advanced applications – such as physicians, dentists, and chiropractors. The Anti-Kickback Law has a broader scope of enforcement where everyone, including yourself, is bound to follow.