Question: What Are The Goals Of The Anti Kickback Statute?

What is the purpose of the Anti Kickback Statute?

The AKS is a criminal law that prohibits the knowing and willful payment of “remuneration” to induce or reward patient referrals or the generation of business involving any item or service payable by the Federal health care programs (e.g., drugs, supplies, or health care services for Medicare or Medicaid patients)..

What is the difference between the Stark Law and the Anti Kickback Statute?

The AKS prohibits referrals for any kind of item or service where a kickback is involved, while the Stark Law prohibits only the referral of designated health services where a financial interest is involved.

Who enforces the Anti Kickback Statute?

Office of the Inspector GeneralAnti-Kickback Statute Penalties In addition, the Office of the Inspector General (“OIG”) for the Department of Health and Human Services (“HHS”) can pursue civil penalties of up to $50,000 per violation plus three times the amount of any government overpayment.

What is considered a kickback in healthcare?

Kickbacks are arrangements made between providers in which one party refers patients to another through services, goods or medicines. … In this hypothetical, the physician is giving out medicine not to treat their patient’s condition, but because they are receiving payments from the company that makes the drug.

Does Anti Kickback Statute apply to private insurance?

Currently, the Anti-Kickback Statute (“Federal AKS”) only applies to Federal health care programs. The first entity might be for Federal health care business (Medicare and Medicaid) while the second entity might be for private pay health care business (commercial insurance and cash). …

What is an example of the Anti Kickback Statute?

Classic examples of violations of Anti-kickback and Stark laws include: … Drug companies paying kickbacks to insurers to get on their formularies; Payments by specialty pharmacies, DME suppliers, therapy centers, nursing homes, etc. to patient recruiters or to patients directly.

What is considered a kickback?

A kickback is an illegal payment intended as compensation for preferential treatment or any other type of improper services received. The kickback may be money, a gift, credit, or anything of value. … Kickbacks are often referred to as a type of bribery.

Which of the following is a safe harbor to the Anti Kickback Statute?

The new safe harbors address the following areas: investments in underserved areas; practitioner recruitment in underserved areas; obstetrical malpractice insurance subsidies for underserved areas; sales of practices to hospitals in underserved areas; investments in ambulatory surgical centers; investments in group …

What were anti kickback statutes enacted to prevent?

At its heart, it is an anti-corruption statute designed to protect federal health care program beneficiaries from the influence of money on referral decisions and thus is intended to guard against overutilization, increased costs, and poor quality services.