Does the Anti-Kickback Law have any exceptions?
Yes, because the statute was written so broadly, Congress has enacted “safe harbors” for a variety of circumstances that are exempt from prosecution under the Anti-Kickback Statute. These “safe harbors” are found at 42 C.F.R. ยง1001.952. The purpose of the safe harbor provisions is to insulate certain behavior that would otherwise be a felony under the Anti-Kickback provision from prosecution. Accordingly, conduct falling under a safe harbor exemption allows remuneration to be paid for statutorily enumerated circumstances. Failure to comply with a safe harbor provision, however, does not mean that an arrangement is per se illegal.
