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.
Stuart J. Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 30 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company.
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