The anti-kickback statute makes it illegal for providers (including physicians) to knowingly and willfully accept bribes or other forms of remuneration in return for generating Medicare, Medicaid or other federal health care program business.
A physician cannot offer anything of value to induce federal health care program business. The anti-kickback statute has been revised to allow exceptions or safe harbors.
Safe harbors include:
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What is the Anti-kickback rule?
- Investments in large publicly-held health care companies
- Investments in small health care joint ventures
- Space rental
- Equipment rental
- Personal services and management contracts
- Sales of retiring physicians' practices to other physicians
- Referral services
- Warranties
- Discounts
- Employee compensation
- Group purchasing organizations
- Waivers of Medicare Part A inpatient cost-sharing amount
- Increased coverage
- Reduced cost-sharing amounts or reduced premium amounts offered by health plans to beneficiaries
- Price reductions offered to health plans by providers
- Investments in ambulatory surgical centers (ASCs)
- Joint ventures in underserved areas
- Practitioner recruitment in underserved areas
- Sales of physician practices to hospitals in underserved areas
- Subsidies for obstetrical malpractice insurance in underserved areas
- Investments in group practices
- Specialty referral arrangements between providers
- Cooperative hospital services organizations
FAQ: Anti-kickback/Stark
