The Federal Anti-Kickback Statute and Safe Harbors: A Practical Guide

Eric D Fader,Geoffrey R Kaiser,Christopher J Kutner,Ada Kozicz,Benjamin P Malerba

The Federal Anti-Kickback Statute and Safe Harbors: A Practical Guide
Format
Paperback
Publisher
American Bar Association Health Section
Country
United States
Published
7 June 2021
Pages
640
ISBN
9781641056618

The Federal Anti-Kickback Statute and Safe Harbors: A Practical Guide

Eric D Fader,Geoffrey R Kaiser,Christopher J Kutner,Ada Kozicz,Benjamin P Malerba

The Anti-Kickback Statute (AKS) was first enacted through the Social Security Amendments of 1972 in order to combat fraud and abuse in the Medicare and Medicaid Programs. The purpose of the AKS is to remove the corrupting effects of kickbacks in health care by, among other things, outlawing behavior designed to game the system through the use of financial incentives intended to direct patient referrals to particular health care providers and away from other providers rendering the same type of care. But not every payment or practice offends the policies underlying the statute. Beginning in 1991, the Office of Inspector General of the U.S. Department of Health and Human Services began promulgating regulatory safe harbors to supplement the statutory exceptions passed by Congress. Safe harbors are designed to protect certain common and salutary commercial arrangements the purpose of which is not to induce referrals in violation of the AKS. The safe harbors place these arrangements beyond the reach of AKS prosecution. This books covers all safe harbors currently in place, including investments, office and equipment leases, personal and management services, warranties, discounts and many others. The book also covers the interplay between the AKS and other laws, including the False Claims Act and Stark Law.

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