National Reach, Personal Attention
The federal Anti-Kickback Statute makes it a felony to knowingly and willfully offer, pay, solicit, or receive remuneration to induce referrals for items or services covered by federal healthcare programs. What constitutes 'remuneration' is broad — it includes cash, gifts, discounts, and free services.
Many legitimate business arrangements in healthcare can trigger AKS scrutiny: medical director agreements, speaker fees, consulting contracts, and joint ventures. The presence of a safe harbor does not automatically protect you, and its absence does not automatically create liability.
The government must prove intent beyond a reasonable doubt.
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This archive is updated as new appellate decisions and rule changes are published.
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