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AHLA Fundamentals of the Stark Law and AntiKickback Statute Asha B. Scielzo Pillsbury Winthrop Shaw Pittman LLP Washington, DC Fundamentals of Health Law November 1214, 2014 Fundamentals of the Stark.

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Basically, anything of value to a person in a position to refer, such as cheap office space, patients referrals, a free employee, or a fat bonus, can classify as an illegal inducement under the Anti-Kickback and Stark laws.

The federal Anti-Kickback Statute (AKS) (See 42 U.S.C. § 1320a-7b.) is a criminal statute that prohibits the exchange (or offer to exchange), of anything of value, in an effort to induce (or reward) the referral of business reimbursable by federal health care programs.

The safe harbor regulations define payment and business practices that will not be considered kickbacks, bribes, or rebates that unlawfully induce payment by Medicare or Medicaid programs. The regulations specify allowable financial and referral relationships between physicians or other providers and suppliers.

Examples of illegal kickbacks in healthcare can be cash payments, but often include other items of monetary value, such as gifts, free or discounted supplies or services, and travel. Hospitals and other companies often try to disguise their medical kickbacks as legitimate payments.

Kickback Examples Gifts. Any gift of above nominal value, including things such as food, event tickets, and gift cards, is an improper kickback. ... Bribes. ... Over Billing. ... Diverting business to vendors. ... Using payments or compensation to refer patient. ... Conflict of Interest.

What Is the Anti-Kickback Statute (AKS)? The Anti-Kickback Statute (AKS) is defined as an anti-corruption statute that prohibits financial transactions that reward referrals for products and services reimbursed by healthcare programs sponsored by the federal government of the U.S.

The Final Regulations state that their effective date is January 19, 2021. The AKS provides for criminal penalties for whoever knowingly and willfully offers, pays, solicits, or receives remuneration to induce or reward the referral of business reimbursable under any of the Federal health care programs.

Common Violations Drug companies and pharmacy providers may violate the Anti-Kickback Statute by paying physicians, facilities, or pharmacy providers to prescribe or use their drugs instead of competitors'.

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© Copyright 1997-2025
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232