The statute makes it a felony to knowingly and willfully solicit, receive, offer, or pay remuneration to induce or reward referrals reimbursable under federal healthcare programs. Intent is required, but the government need not show the defendant knew of the statute specifically.
Statutory exceptions and regulatory safe harbors protect defined arrangements meeting all their conditions.
Alternative Names:
AKS, Federal Anti-Kickback Statute
Why it Matters?
A claim tainted by a kickback is a false claim by statute, which links AKS violations directly to False Claims Act liability with treble damages and per-claim penalties. That connection is what makes these matters existential for healthcare organizations rather than merely regulatory. Safe harbor compliance is all-or-nothing, so an arrangement satisfying most but not all conditions receives no protection.
Frequently Confused with
Related terms
Frequently asked questions
How does the Anti-Kickback Statute relate to the False Claims Act?
What is the difference from the Stark Law?
