What Is...The Anti-Kickback Statute?
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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. This primer explains how AKS is a criminal statute that prohibits transactions intended to induce or reward referrals for items or services reimbursed by the federal health care programs. It further details the anti-corruption statute and how it is 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.
• Overview of the Anti-Kickback Statute and Its Purpose
• Statutory Exceptions and Safe Harbors to the Anti-Kickback
• Fraud and Abuse Waivers
• Sources of Guidance
• Related Statutes