Anti-Kickback Statute

The Anti-Kickback statutes specify that it is illegal for medical professionals to “knowingly and willingly” accept bribes or remuneration for the referral of patients. This includes specifically targeting federal health care programs such as Medicare, Medicaid, and Tricare. Referrals are a significant aspect of the health care industry causing Anti-Kickback laws to place immense pressure on providers.

There are “safe harbors" or exceptions to the Anti-Kickback statutes, however, they require strict qualifications. A lapse in attention toward these qualifications could suddenly launch a criminal investigation. These investigations blanket individuals at all levels of the industry, independent of their involvement.

A Conviction Can Destroy Your Career

The U.S. Department of Health and Human Services Office of Inspector General enforces the Exclusion Statute, which mandates severe punishments beyond financial penalties and prison time for anyone convicted of health care fraud. 

If you are convicted of any of the offenses listed below, the Office of Inspector General has the right to exclude you from Federal health care programs, meaning any services or prescriptions you render will not be reimbursable through Medicare, Medicaid, or TRICARE, even if your services are billed indirectly through an employer or practice group.

• Medicare or Medicaid fraud
• Patient abuse or neglect
• Felony financial misconduct
• Felony convictions regarding controlled substances