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

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

The Federal Anti-Kickback Statute is a criminal statute and the penalties for violations of the law can be severe. They include fines of up to $25,000 per violation, felony conviction punishable by imprisonment up to five years, or both, as well as possible exclusion from participation in Federal Healthcare Programs.

What is a Medicare kickback?

The Anti-Kickback Statute and Stark Law prohibit medical providers from paying or receiving kickbacks, remuneration, or anything of value in exchange for referrals of patients who will receive treatment paid for by government healthcare programs such as Medicare and Medicaid, and from entering into certain kinds of …

What is an anti-kickback violation?

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.

What is the possible penalty for violating the AKBS?

Possible penalties for violating the AKS include: fines of up to $25,000, up to five years in jail, and exclusion from Medicare and Medicaid care program business. The physician self-referral laws (Stark Laws) (See 42 U.S.C.

What is an example of a Stark law violation?

Entering into contracts with 19 specialist physicians that required the physicians to refer their outpatient procedures to Tuomey in exchange for bribes. Ignoring and suppressing warnings from attorneys that the physician contracts were “risky” and raised “red flags” Filing more than 21,000 false claims with Medicare.

What is a safe harbor to the Anti-Kickback Statute?

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 is the federal Anti-kickback law?

The AKS is a criminal law that prohibits the knowing and willful payment of “remuneration” to induce or reward patient referrals or the generation of business involving any item or service payable by the Federal health care programs (e.g., drugs, supplies, or health care services for Medicare or Medicaid patients).

What is the penalty for violating the federal False Claims Act healthstream?

What is the penalty for violating the Federal False Claims Act? A fine equal to three times the billed amount.

What are the penalties for violating the Anti Kickback Statute?

Penalties for Anti-Kickback Statute Violations in the United States. People who are found in violation of anti-kickback statutes face harsh penalties. Even first-time offenders can face prison sentences and fines. Generally, people who are found in violation of 42 U.S.C. § 1320a-7b can face up to ten years in prison and fines up to $100,000.

Who is covered by the Anti Kickback Act?

Covered class of recipients–The Federal Anti kickback Act prohibit “kickbacks” to prime contractors, prime contractor employees, subcontractors, and subcontractor employees. These terms are defined in the Act. Type of contract–The Act defines kickbacks to include payments under any government contract.

Which is an example of an anti-kickback arrangement?

The prohibition against kickbacks applies to those who pay for referrals and to those who receive them. Kickbacks can take various forms, for example, they can be bribes or rebates. They can be given in cash or in kind. Here is an example of an arrangement that would be problematic under the Federal Anti-kickback Statute.

What is the definition of a kickback payment?

These payments are given as a bribe, kickback, or exchange for referring a person for some type of treatment that is compensated by a federal health care program like Medicaid or Medicare.