Frequently Asked Questions About Anti-Kickback Defense
AKS investigations are among the most complex in federal healthcare law.
What is the difference between the AKS and the Stark Law?
The Anti-Kickback Statute is a criminal statute requiring proof of intent. The Stark Law is a civil strict-liability statute that prohibits physician self-referrals for designated health services.
What are the AKS safe harbors?
Safe harbors are regulatory exceptions that protect certain arrangements from AKS prosecution. They include employment relationships, personal services contracts, space and equipment rentals, and certain investment interests.
Can I go to prison for an AKS violation?
Yes. The AKS is a criminal statute carrying up to 10 years in federal prison per count. A conviction triggers mandatory exclusion from all federal healthcare programs.
Do not wait for the indictment. Get ahead of the investigation.
The Anti-Kickback Statute carries up to 10 years per count. Early legal intervention is the single most effective step you can take.