What is the anti-kickback statute?
The federal anti-kickback statute[7] prohibits knowingly and willfully soliciting, receiving, offering, or paying anything of value to induce referrals of items or services paid for by a federal health care program. It is a criminal statute, and the Department of Justice must prove beyond a reasonable doubt that the parties had unlawful intent. What kinds of business activities are permissible under the anti-kickback law? The statute and regulations specify a number of safe harbors. If a business arrangement fits precisely within a safe harbor, the arrangement is presumed not to violate the statute and will not be subject to an enforcement action. A business arrangement that does not fit within a safe harbor is not automatically illegal. In an enforcement action, the provider would have the burden of proving that the transaction was not a kickback received in exchange for a referral. The safe harbors include but are not limited to: • certain investment interests; • rental of space and
