Which of the following are violations of the Anti-kickback law?
Penalties for violations of Stark Law include denial of payment for the DHS provided, refund of monies received by physicians and facilities for amounts collected, payment of civil penalties of up to $15,000 for each service that a person “knows or should know” was provided in violation of the law, and three times the …
What does the Anti-Kickback Statute prohibit?
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 a referral under the Anti-Kickback Statute?
The Anti-Kickback Statute The AKS makes it a criminal offense to knowingly and willfully offer, pay, solicit, or receive any remuneration to induce, or in return for, the referral of a federal healthcare program business.
Does the Anti-Kickback Statute apply to compensation of any kind?
The federal government instituted the Anti-Kickback Statute and Stark Law in an effort to eliminate healthcare fraud and abuse. Simply stated, both regulatory laws prohibit medical providers and/or entities from making health service referrals in exchange for compensation of any kind.
What are examples of kickbacks?
When you bid on a job and job is awarded to you and you have to pay someone $1000 because your received the award, this $1000 payment is an example of a kickback. When you shoot off a gun and the recoil sends you staggering backwards from the force, this is an example of a kickback. A sharp reaction; a repercussion.
What is an example of a kickback in healthcare?
It’s simple to define what kickbacks in health care are. If a physician or medical provider uses any payment or compensation to encourage a patient to come to their office, or to encourage another medical provider to refer patients to their office or facility, that is a kickback.
What are the goals of the Anti-Kickback Statute?
At its heart, it is an anti-corruption statute designed to protect federal health care program beneficiaries from the influence of money on referral decisions and thus is intended to guard against overutilization, increased costs, and poor quality services.
Who is liable under anti-kickback statute?
The law, codified at 42 U.S. Code § 1320a–7b(b), imposes criminal and, particularly in association with the federal False Claims Act, civil liability on those that knowingly and willfully offer, solicit, receive, or pay any form of remuneration in exchange for the referral of services or products covered by any federal …
What is an example of the Anti-Kickback Statute?
Basically, anything of value to a person in a position to refer, such as cheap office space, patients referrals, a free employee, or a fat bonus, can classify as an illegal inducement under the Anti-Kickback and Stark laws.
Who is liable under the Anti-Kickback Statute?
What are the penalties for violating the False Claims Act?
The False Claims Act, 31 U.S.C. §§ 3729, provides that anyone who violates the law “is liable to the United States Government for a civil penalty of not less than $5,000 and not more than $10,000, . . . plus 3 times the amount of damages.” But how does that apply in practice?
What do you need to know about Anti Kickback Statute?
The Anti-Kickback Statute is a federal law that prohibits payments to induce referrals for items or services that are covered by a federal healthcare program, such as Medicare and Medicaid. Whistleblowers play an instrumental role in enforcing the Anti-Kickback Statute. Being a patient requires a certain level of trust.
What’s the difference between Stark Law and anti kickback?
The Anti-Kickback statue is similar to Stark Law but there are key differences. Specific intent is required for AKS violations but not for Stark Law violations. The AKS, as mentioned, includes criminal sanctions. The AKS applies to Medicare – and Medicaid and TRICARE. Stark Law involves referrals between a doctor and another entity.
Which is an example of an impermissible kickback?
It may seem innocent to accept a free meal from a lab or drug rep, or for your costs to travel to a conference or meeting to be covered, but these items have value, and they are thus considered impermissible kickbacks when offered to a doctor with the power to issue referrals.
Can a doctor go to prison for a kickback?
Physicians and others in the medical field could face fines, community service, and even sentences to federal prison for violating these laws either by offering or accepting kickbacks. To learn whether you more about whether you’re violating the anti-kickback statute, read on to learn more examples of kickbacks in healthcare.