Anti-Kickback Laws

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.