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The Anti-Kickback Statute (AKS) is an American federal law prohibiting financial payments or incentives for referring patients or generating federal healthcare business. The law, codified at 42 U.S. Code § 1320a–7b(b), [1] imposes criminal and, particularly in association with the federal False Claims Act, civil liability on those who knowingly and willfully offer, solicit, receive, or pay ...
Stark Law is a set of United States federal laws that prohibit physician self-referral, specifically a referral by a physician of a Medicare or Medicaid patient to an entity for the provision of designated health services ("DHS") if the physician (or an immediate family member) has a financial relationship with that entity. The term "referral ...
Statutory Anti-Kickback Liability. The federal Anti-Kickback Statute, 42 U.S.C. 1320a-7b(b) (AKS) is a criminal statute which makes it improper for anyone to solicit, receive, offer or pay remuneration (monetary or otherwise) in exchange for referring patients to receive certain services that are paid for by the government. Previously, many ...
The law against kickbacks is called the Anti-Kickback Statute or Stark Law, which makes it illegal for medical providers to refer patients to a facility owned by the physician or a family member for services billable to Medicare and Medicaid. It also prohibits providers to receive bribes for patient referrals.
Recently, [when?] [clarification needed] HHS-OIG has targeted hospitals and healthcare systems for Stark Law and Anti-Kickback Statute violations pertaining to the management of physician compensation arrangements. [84] In 2015, a fraud alert was issued to publicize the OIG's intent to further regulate such non-compliance. [85]
A hospital group based in McAllen, Texas, has agreed to pay the United States $27.5 million to settle claims that it violated the False Claims Act, the Anti-Kickback Statute and the Stark Statute between 1999 and 2006, by paying illegal compensation to doctors in order to induce them to refer patients to hospitals within the group.
The Anti-Kickback Enforcement Act of 1986 (Pub. L. 99–634, 100 Stat. 3523, enacted November 7, 1986, originally codified at 41 U.S.C. § 51 et seq., recodified at 41 U.S.C. ch. 87) modernized and closed the loopholes of previous statutes applying to government contractors. The law attempts to make the anti- kickback statute a more useful ...
A kickback is a form of negotiated bribery in which a commission is paid to the bribe-taker in exchange for services rendered. Generally speaking, the remuneration (money, goods, or services handed over) is negotiated ahead of time. The kickback varies from other kinds of bribes in that there is implied collusion between agents of the two ...