Oberman Law Firm

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.

Author(s)

Stuart J. Oberman, Esq.
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