Which act is known as the Anti-Kickback Act?

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 an AKS safe harbor?

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.

What does the safe harbor Act regulate?

A safe harbor is a provision of a statute or a regulation that specifies that certain conduct will be deemed not to violate a given rule. It is usually found in connection with a more-vague, overall standard. By contrast, “unsafe harbors” describe conduct that will be deemed to violate the rule.

What does safe harbor mean in Anti Kickback Law?

Over the years, the OIG has published various “safe harbor” regulations, which define arrangements that it has determined are unlikely to result in fraud and abuse. Any arrangement that satisfies all elements of a safe harbor regulation is not subject to prosecution or sanction under the anti-kickback statute.

When does Anti Kickback Law go into effect?

Please note that this resource does not yet reflect the changes to the Stark Law or Anti-Kickback Statute that were made final in November 2020. You can review these changes in our recent publication.

Where can I find the safe harbor regulations?

HHS Office of Inspector General. The “safe harbor” regulations describe various payment and business practices that, although they potentially implicate the Federal anti-kickback statute, are not treated as offenses under the statute. The safe harbor regulations, in their entirety, can be found here.

When did safe harbor regulations come into effect?

Proposed Rule: Safe Harbor Anti-Kickback Provisions (59 Fed. Reg. 37202; July 21, 1994): Proposed clarifications to the original safe harbor provisions published on 07-29-1991.