Anti-Kickback Statute

Anti-Kickback Statute



The Anti-Kickback Statute (42 U.S.C. Section
1320
a-7b(b)) makes it a criminal offense to knowingly

and willfully offer, pay, solicit, or receive any remuneration to induce or reward referrals of items or services reimbursable by a Federal health care program. Where remuneration is paid, received, offered, or solicited purposefully to induce or reward referrals of items or services payable by a Federal health care program, the Anti-Kickback Statute is violated. If an arrangement satisfies certain regulatory safe harbors, it is not treated as an offense under the statute. The safe harbor regulations are set forth at 42 Code of Federal Regulations (CFR) Section 1001.952. Criminal penalties for violating the Anti- Kickback Statute may include fines, imprisonment, or both.


For more information, visit http://oig.hhs. gov/compliance/safe-harbor-regulations on the Internet.

An example of a violation of this law would be when a party receives money from a Federal Health Care program, such as a Medicare or Medicaid funded nursing home, in exchange for placing a patient into that nursing home.