The federal health care system depends on the good faith and honesty of its providers. To maintain the system’s integrity, those who prioritize incentivized remunerations must be held accountable. Recognizing the need to eliminate the profit motive from decision-making, Congress enacted the Anti-Kickback Statute (AKS). The Anti-Kickback Statute makes it illegal for healthcare providers to offer or accept gifts, bribes, payments, or other financial incentives in exchange for referrals, prescriptions, or other medical services when those services will be paid for partly or wholly by Medicare, Medicaid, or other government-funded health programs.
Violations of the AKS can also be the basis for liability under the False Claims Act (FCA), which permits private parties (relators) to file lawsuits.
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