Overview of the Anti-Kickback Statute
Failed to add items
Add to Cart failed.
Add to Wish List failed.
Remove from wishlist failed.
Adding to library failed
Follow podcast failed
Unfollow podcast failed
Overview of the Anti-Kickback Statute
-
Narrated by:
-
By:
This episode of Group Practice with Neal Goldstein provides an overview of the Anti-Kickback Statute (AKS), a federal fraud and abuse law enacted in 1972 that applies to all federal healthcare programs. Unlike the Stark Law, AKS is an intent-based statute that prohibits knowingly giving or receiving remuneration to induce referrals for federally reimbursable healthcare items or services. The landmark United States v. Greber case established the “one purpose test”— if even one purpose of payment is to induce referrals, the statute is violated. Due to this broad interpretation, safe harbor regulations were created in 1991, protecting compliant arrangements from prosecution. The episode also discusses advisory opinions and the protection those afford. At the conclusion of the episode, Neal explains the “quid pro quo” concept which is at the core of AKS, and he uses a little league sponsorship analogy which was contained in the jury instructions of the TAP Pharmaceutical case.