What is the penalty for violating the Anti-Kickback Statute?

Criminal penalties and administrative sanctions for violating the AKS include fines, jail terms, and exclusion from participation in the Federal health care programs. Under the CMPL, physicians who pay or accept kickbacks also face penalties of up to $50,000 per kickback plus three times the amount of the remuneration.

What are the penalties for violating the Stark Law?

What are the penalties for violating Stark? Penalties for violating Stark can be severe. They include denial of payment, refund of payment, imposition of a $15,000 per service civil monetary penalty and imposition of a $100,000 civil monetary penalty for each arrangement considered to be a circumvention scheme.

Which practice might be considered a violation of the federal Anti-Kickback Statute?

While the Anti-Kickback Statute covers a broad range of activity, it also requires a showing of an “intent to induce referrals.” The criminal provisions of the Anti-Kickback Statute are violated where something of value is “knowingly and willfully” provided with a purpose to induce referrals.

Under which law could the government levy civil penalties to an agency for employing a provider who has lost his license or who is otherwise not allowed to provide Medicare or Medicaid Services?

The Stark Law. The Anti-Kickback Statute is one of the two main federal statutes that deals with remuneration related to improper referrals, with the other being the Stark Law.

Is Anti-Kickback a statute?

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.

What is an anti-kickback violation?

What is the Anti-Kickback Statute? Under the Anti-Kickback Statute, a company commits fraud when it offers doctors and other healthcare providers financial incentives to use the company’s products or services, for which payment may be made under Medicare, Medicaid or other federally funded healthcare programs.

Can you go to jail for violating the Stark Law?

Two of the most important fraud laws that regulate doctors and healthcare providers are the Anti-Kickback Statute and the Physician Self Referral Law (Stark Law). Violations of these laws can result in huge whistleblower awards and sometimes prison for offenders. …

What is the difference between anti-kickback and Stark Law?

Important Differences Source of Prohibited Referrals: Whereas the Stark Law only pertains to referrals from physicians, the Anti-Kickback Statute applies to referrals from anyone. The Anti-Kickback Statute provides for criminal punishment in addition to civil sanctions.

Who is subject to Anti-Kickback Statute?

The Anti-Kickback Statute, codified at 42 U.S. Code § 1320a–7b(b), is an American federal law which imposes criminal and, particularly in association with the federal False Claims Act, civil liability on those that knowingly and willfully offer, solicit, receive, or pay any form of remuneration in exchange for the …

What is the difference between Stark and Anti-Kickback?

What is the intent of Anti-Kickback Statute?

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.

What are the goals of Anti-Kickback Statute?

What is the Stark Law and the Anti-Kickback Statute?

Stark Law and Anti-Kickback Statute. The contracts and agreements that doctors, hospitals, and medical practices form with other healthcare providers are regulated by two federal laws: Stark Law and the Anti-Kickback Statute, both of which impose restrictions on a physician’s ability to make referrals to designated health services (DHS)…

What is the Federal Anti-Kickback Statute?

An Overview. The federal Anti-Kickback Statute is a healthcare fraud and abuse statute that prohibits the exchange of remuneration—which the statute defines broadly as anything of value—for referrals for services that are payable by a federal program, which, in the context of healthcare providers, is Medicare.

What is the Federal Anti Kickback Statute?

The federal Anti-Kickback Statute (AKS) is one of the best-known federal fraud and abuse statutes, due largely to its wide-ranging effects on business relationships in the health care, pharmaceutical, and medical device sectors. The AKS is a criminal statute that prohibits transactions intended to induce…

What is penalty for violating the akbs?

Penalties that could be associated with AKBS violations include: Years of imprisonment – usually minimum of five Multi-thousand dollar fine per kickback Removal from Medicare and Medicaid systems Revocation of professional licenses