The Anti-Kickback Statute and Stark Law are Federal laws that prohibit someone from knowingly or willfully offering, paying or receiving anything of value for a referral.
Examples of prohibited activities include:
• Waiving a co-payment or deductible
• Accepting payment that is different from fair market value as a means to obtain more business
• Demanding or requesting a kickback (i.e. gifts, cash, write-offs or free supplies in exchange for referring patients to specific providers)
• Referring Medicare patients to an entity where the provider or member of the provider’s immediate family has a financial relationship
Failure to comply can result in fines, jail time, and/or exclusion from Medicare, Medicaid and/or State Health Programs.