Statutes of Limitations in AKS Cases

Statutes of Limitations in AKS Cases at a Glance

The Anti-Kickback Statute (AKS) imposes criminal and civil liability for improper remuneration in healthcare referrals. Statutes of limitations for AKS cases vary depending on whether the violation is criminal or civil. For criminal AKS violations, the general statute of limitations is five years under 18 U.S.C. § 3282. In contrast, for civil False Claims Act (FCA) actions, the statute of limitations is the later of six years from the violation or three years from when a responsible U.S. official knew or should have known about the violation, but not more than 10 years from the violation, as outlined in 31 U.S.C. § 3731(b).

The Legal Framework

The general statute of limitations for non-capital federal offenses, including criminal AKS violations, is five years under 18 U.S.C. § 3282. This means that federal prosecutors must bring criminal charges within five years from the date of the alleged violation. This limitation applies broadly to all non-capital federal crimes, including those under the AKS.

Civil enforcement of the AKS through the False Claims Act is governed by 31 U.S.C. § 3731(b). This provision sets a longer statute of limitations, allowing the government up to 10 years from the date of the violation to file a civil action, but only if the violation was not discovered earlier. Specifically, the statute of limitations is the later of six years from the date of the violation or three years from the date a responsible U.S. official knew or should have known about the violation. This dual trigger mechanism provides flexibility in civil enforcement while ensuring that claims are not brought indefinitely after the fact.

The criminal provisions of the AKS are found in 42 U.S.C. § 1320a-7b(b), which criminalizes the knowing and willful offer, payment, solicitation, or receipt of remuneration to induce or reward referrals of items or services payable by a federal healthcare program. This statute carries penalties of up to $100,000 in fines, up to 10 years in prison, or both. While the statute of limitations for criminal charges is five years, the severity of the penalties underscores the importance of timely legal response to AKS allegations.

The Federal Overlay

The federal Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b), makes it a felony to knowingly and willfully offer, pay, solicit, or receive remuneration to induce or reward referrals of items or services payable by a federal health care program. The Stark Law, 42 U.S.C. § 1395nn, separately prohibits physician self-referrals for designated health services payable by Medicare or Medicaid, on strict-liability terms. Both regimes carry safe harbors and exceptions published at 42 C.F.R. § 1001.952. State referral and fee-splitting statutes operate alongside these federal prohibitions and can apply even where no federal program payment is involved.

Reading the Research Desk

For further reading on related topics, explore practice areas, the AKS explained, safe harbors, AKS and Stark overlap, recent decisions, and FAQ on antikickbackdefense.com.