The federal Anti-Kickback Statute is a criminal law that prohibits the knowing and willful solicitation, receipt, offer, or payment of anything of value in exchange for or to induce a referral of business for which payment may be made by a federally funded health care program. It is important to remember that regardless of what the notice says, it is being sent by a government agency or office that is tasked with criminally and civilly enforcing the laws and punishing all violators, regardless of the investigation’s initial scope or purpose. © 2021   Privacy Policy  |  Attorney Advertising/Legal Notice  |  website: visual dialogue, OIG Fraud Alert Warns Doctors That They Are Liable for Violations of Federal Anti-Kickback Statute. If convicted, penalties include ________________________________. The Anti-Kickback Statute 4 prohibits the exchange (or offer to exchange), of anything of value, in an effort to induce (or reward) the referral of federal health care program business 5. . It looks like your browser needs an update. Thank you for your interest in Barrett & Singal. Prohibited kickbacks include the following: Cash for referrals; Free or below market rent for medical offices; The Stark Law Any violations of the Anti-Kickback Statute (AKS) can result in civil fines, criminal … Under the Anti-Kickback Statute payment is defined as remuneration in any form. The False Claims Act, From the Blog: The following information is not intended as legal advice. Stark Law is a set of United States federal laws that prohibit physician self-referral, specifically a referral by a physician of a Medicare or Medicaid patient to an entity for the provision of designated health services ("DHS") if the physician (or an immediate family member) has a financial relationship with that entity.. Although these two laws are similar, there are several important distinctions between the Stark Law versus The Anti-Kickback Statute. Federal Anti-Kickback Law. Each safe harbor protects only those arrangements _______________________________. What the Anti-Kickback Statute Prohibits The Anti-Kickback Law or Anti-Kickback Statute (AKS) is the federal criminal law that forbids kickbacks involved in federal health care programs. While the Anti-Kickback Statute applies to all federal healthcare programs, Stark Law applies to Medicare and Medicaid only. in return for referring an individual to a person for the furnishing . The Federal anti-kickback statute is an intent-based, criminal statute that prohibits intentional payments, whether monetary or in-kind, in exchange for referrals or other Federal health care program business. Some of the “safe harbors” that are most often used by accused providers exempt the following from prosecution under the Anti-Kickback Statute: (i) referrals made as part of an employment or professional services arrangement; (ii) payments made for the lease of equipment or of office space; and, (iii) certain payments made for the purposes of health practitioner recruitment. There are fines of up to $25,000, imprisonment of up to five years, or both. Which of the following is prohibited by the Anti-Kickback Statute? The Anti-Kickback Statute is a criminal statute, but it provides both criminal and civil penalties for violations. Completion of Barrett & Singal’s new client intake protocol, including without limitation the firm’s conflicts checking process and an engagement letter, is necessary to establish an attorney-client relationship. However, some have provisions which differ from the Statute. The Anti-Kickback Statute makes it a federal criminal offense to offer, pay or accept compensation in exchange for referrals for healthcare services that are covered by the federal healthcare programs. 5. Some of the “safe harbors” that are most often used by accused providers exempt the following from prosecution under the Anti-Kickback Statute: (i) referrals made as part of an employment or professional services arrangement; (ii) payments made for the lease of equipment or of office space; and, (iii) certain payments made for the purposes of health practitioner recruitment. By clicking "Accept," you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us unless we already represent you or unless we have agreed to receive limited confidential material/information from you as a prospective client. Tap again to see term 👆. The OIG has identified twenty-five types of safe harbor arrangements. Suite 1320 This article highlights 25 facts you need to know about the Anti-Kickback Statute. While healthcare providers often structure referral arrangements to fit within one or more of the “safe harbors” in an effort to avoid being investigated, the “safe harbors” also often provide some of the best legal refuge for providers who are accused of civil or criminal violations of the Statute. The term "referral" means "the request by a physician for … Anti-Kickback Statute. In … According to the Court, the scope is quite broad, even extending to situations where the … Second, the Stark Law is narrower. The anti-kickback statute is a US law prohibiting a business or person from offering money to medical personnel in return for the recommendation of products or services to patients on certain federally covered medical programs, including Medicare/Medicaid. T 401.454.0400 3. prohibits a person from receiving anything of value in exchange for referring a person to a physician for treatment where any portion of the referred patient's treatment fee is payable pursuant to a "Federal health care program." Anti-Kickback Statute 42 US Code Section 1320a-7b(b) According to the Anti-Kickback Statute 42 US Code Section 1320A-7B(B), it is prohibited to knowingly and willfully offer, solicit, pay, or receive anything of value which create any type of reward for referring patients to, recommending or arranging any type of purchase that falls under the payment … While designed to promote fair marketing, it also gives protection to Medicare/Medicaid patients, who are typically elderly or disabled. Although these two laws are similar, there are several several important distinctions between the Anti-Kickback Statute versus the Stark Law. The intent of the law is to protect patients and eliminate abuse and health care fraud from federal programs such as Medicare , Medicaid, and the Children's Health Insurance … STATUTE. In addition, the Office of the Inspector General (“OIG”) for the Department of Health and Human Services (“HHS”) can pursue civil penalties of up to $50,000 per violation plus three times the amount of any government overpayment. Unlike Stark, anyone can violate the statute. The criminal penalties include fines of up to $25,000 and five years’ imprisonment. The Anti-Kickback Act of 1986, 41 U.S.C. To protect patients from this kind of harm, Congress passed the Anti-Kickback Statute in 1986. ... No. Anti-Kickback Statute The Federal Anti-Kickback Statute prohibits the knowing and willful solicitation, offer, payment or acceptance of any remuneration, directly or indirectly, overtly or covertly, in cash or in kind in return for: Before providing any confidential information to us, you must obtain permission to do so from one of the firm’s lawyers. 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 … Referral is interpreted to include, "the request by a physician for, or ordering of, or the certifying or recertifying the need for, any designated health service for which payment is made under _______________________________.". 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