Chapter 5: Key Laws in Healthcare Compliance

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Anti-Kickback Statute

Fast Facts

Title of law: The Anti-Kickback Statute, Criminal penalties for acts involving Federal health care programs

Categories:

  • Fraud and abuse

  • Medicare

  • Medicaid

U.S. Code: 42 U.S.C. § 1320a-7b(b)

Year enacted: 1972

Major amendments: 1977, 1980, 1987 (safe harbors implemented), 1996, 1997, 2003, 2010, 2015, 2018

Enforcement agency: Department of Justice (DOJ), Department of Health & Human Services (HHS), Office of Inspector General (OIG), Centers for Medicare & Medicaid Services (CMS)

Link to full text of law: https://www.govinfo.gov/content/pkg/USCODE-2018-title42/pdf/USCODE-2018-title42-chap7-subchapXI-partA-sec1320a-7b.pdf

Applies to: Any medical providers accepting payment through government healthcare programs.

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