About the Anti-Kickback Statute
The law’s two provisions target the bribe recipient and the bride payer. The statute prohibits remuneration for healthcare referrals or purchases reimbursable under a federal health insurance program as well as remuneration to encourage healthcare referrals or purchases reimbursable under a federal program.
Five things to know, according to JD Supra:
1. The term “remuneration” is defined as “anything of value.”
2. To prove that there was a violation of the anti-kickback law, the government must demonstrate that one of the possible reasons for paying remuneration was the encouragement of the purchase of federally reimbursable goods or services.
3. The law suggests that a quid pro quo is not necessary for a payer of remuneration, such as a bribe payer, to violate the statute.
4. The statute’s restrictions do not apply to discounts or price reductions if certain requirements are met.
5. “Bona fide employment relationship[s]” are insulated from anti-kickback prohibitions, in addition to “personal services and management contracts” and formal “referral services.”
