Mississippi Anti-Kickback & Referral Laws

Mississippi Anti-Kickback Law at a Glance

Mississippi's anti-kickback and referral laws are primarily governed by statutory provisions that criminalize kickbacks in connection with referrals involving state-funded healthcare programs. While Mississippi does not have a comprehensive fee-splitting statute, its laws focus on criminal penalties for kickbacks that affect the integrity of state healthcare programs. These laws shape healthcare arrangements by discouraging improper financial incentives tied to referrals, aligning with broader federal anti-kickback principles but applying specifically to state-level programs.

State Statutes

Miss. Code § 43-13-207 criminalizes the act of receiving or offering a kickback in exchange for referrals of items or services payable by a state healthcare program. This statute imposes felony penalties for such conduct, emphasizing the importance of maintaining ethical and legal standards in healthcare referrals. It applies to any individual or entity that knowingly participates in a kickback scheme involving state healthcare funds.

While Mississippi does not have a specific fee-splitting statute, the principles outlined in Miss. Code § 43-13-207 may be applied in cases where fee-splitting arrangements are tied to referrals for state-funded services. The absence of a dedicated fee-splitting law means that such arrangements may be evaluated under broader anti-kickback principles or through the lens of professional licensing laws.

Enforcement

Enforcement of Mississippi's anti-kickback laws is primarily handled by the Mississippi State Board of Medical Licensure and the Mississippi State Board of Nursing, among other state licensing boards. These agencies have the authority to investigate and discipline professionals who engage in unlawful kickback schemes. Additionally, the Mississippi Attorney General’s Office may pursue criminal enforcement actions in cases involving felony violations under Miss. Code § 43-13-207.

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 State Desk

Mississippi's anti-kickback laws interact with federal regimes such as the Anti-Kickback Statute and Stark Law, particularly in cases involving referrals for state and federal healthcare programs. For further analysis on how these laws apply in practice, see /practice-areas/ for research on AKS defense topics, /the-anti-kickback-statute-explained-why-referral-payments-trigger-scrutiny/ for an overview of the Anti-Kickback Statute, /safe-harbors-under-the-anti-kickback-statute-and-where-providers-get-tripped-up/ for safe harbor analysis, /aks-and-stark-law-how-the-two-regimes-overlap-in-healthcare-investigations/ for AKS/Stark overlap, /recent-antikickback-statute-decisions/ for recent decisions, and /faq/ for common questions.