Are there state anti-kickback laws that are different from the Federal statute?
Yes. Many states have their own anti-kickback laws which may be identical to the federal statutes in part, but also contain their own unique provisions. In order to ensure compliance, a practitioner must review his home state Anti-Kickback statute, in addition to the federal Anti-Kickback provisions. For example, state statutes differ in regulating what constitutes a referral source. Some states prohibit a physician from splitting the fees generated from physician services with a referral source, while other states more broadly prohibit any division of a physician’s fee, regardless of whether the other party is a referral source.
