What is the bone fide employees Anti-Kickback exception?
This applies to “any amount paid by an employer to an employee (who has a bona fide employment relationship with such employer) for employment in the provision of covered items or services,” for which payment may be made under Medicare or Medicaid are excepted from statute’s prohibitions. • Compensation must be: Reasonable; Fair Market Value; Arm’s Length Negotiations; and Not based upon number or value of referrals (18).
