The Physician Self-Referral Law (the “Stark Law”) and Anti-Kickback Statute (“AKS”) are two of the most prominent healthcare fraud and abuse laws in the United States. The Stark Law and AKS have been in place for many years and have undergone various amendments to adapt to the changing healthcare landscape. The Consolidated Appropriations Act, 2023, signed into law on December 29, 2022, introduced new exceptions to these laws.
Overview of the Stark Law and AKS
The Stark Law prohibits physicians from making referrals for certain designated health services payable by Medicare or Medicaid to entities in which the physicians or their family members have a financial interest; and it prohibits the submission of Medicare or Medicaid claims or bills to any individual, third party payor, or other entity for designated health services furnished pursuant to a prohibited referral. Stark Law violations can result in significant financial penalties and exclusion from federal healthcare programs.
The AKS is a criminal statute that prohibits the knowing and willful offering, paying, soliciting, or receiving of remuneration to induce or reward referrals of items or services reimbursable by a federal health care program, including, but not limited to, Medicare, Medicaid, and TRICARE. “Remuneration” includes the transfer of anything of value, directly or indirectly, overtly or covertly, in cash or in kind. Similar to the Stark Law, AKS violations can result in significant financial...
NEW YORK, April 27, 2026 (GLOBE NEWSWIRE) -- Levi & Korsinsky, LLP alerts investors in ImmunityBio, Inc. (NASDAQ: IBRX) of a pending securities class action naming a senior executive as an ind...