What is the anti-kickback law?
The federal anti-kickback statute, 42 U.S.C. ยง 1320a-7b(b), prohibits individuals or entities from knowingly and willfully offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid or any other federally funded program (except the Federal Employees Health Benefits Program). Some courts have interpreted the law to cover any arrangement in which one purpose of the remuneration is to induce or compensate for program referrals. However, one federal appellate court has ruled that to prove a violation of the anti-kickback statute, the government must prove that a defendant had a specific intent to disobey the law.
