Statutes of Limitations in AKS and False Claims Act Cases

Statutes of Limitations in AKS and False Claims Act Cases at a Glance

The statutes of limitations for Anti-Kickback Statute (AKS) and False Claims Act (FCA) cases are governed by distinct federal provisions. Criminal AKS violations are subject to a general five-year statute of limitations under 18 U.S.C. § 3282. Meanwhile, FCA civil actions must be initiated within six years of the violation or three years after the responsible U.S. official becomes aware of the material facts, but no later than ten years from the violation, as outlined in 31 U.S.C. § 3731(b). These timelines are critical in determining the enforceability of claims and the potential for legal action in healthcare fraud investigations.

The Legal Framework

The general statute of limitations for criminal offenses, including those under the AKS, is governed by 18 U.S.C. § 3282, which provides a five-year period from the date of the offense. This applies to criminal charges arising from violations of the AKS, which prohibits knowingly and willfully offering, paying, soliciting, or receiving remuneration to induce or reward referrals of items or services payable by a federal health care program, as specified in 42 U.S.C. § 1320a-7b(b).

The FCA imposes a different timeline for civil enforcement actions. Under 31 U.S.C. § 3731(b), a False Claims Act action must be brought within the later of six years from the date of the violation or three years from the date on which the responsible U.S. official knew or should have known of the material facts. However, the statute of limitations for FCA claims cannot exceed ten years from the date of the violation. These provisions are essential for understanding the window during which the government may pursue legal action under the FCA.

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

To explore related topics, visit the AKS Defense Research Topics desk, the statute explainer, the safe-harbor research note, the AKS/Stark overlap analysis, recent decisions, or the FAQ for further guidance.