Anti-Kickback Statute

stethUnder the Anti-Kickback Statute, physicians may not solicit or receive kickbacks for referring Medicare or Medicaid patients to a particular healthcare provider. The purpose of the rule is to remove financial incentives from healthcare decisions so physician referrals are based purely on the medical need of the patient. A violation of the Anti-Kickback Statute is an automatic violation of the False Claims Act.

Here are some of the more recent court decisions on the scope and reach of the Anti-Kickback Statute.

February 26, 2015

Seventh Circuit Gives Broad Read To What Constitutes A “Referral” Under Anti-Kickback Statute

By Gordon Schnell

Under the Anti-Kickback Statute, physicians may not solicit or receive kickbacks for referring Medicare patients to a particular healthcare provider. The question before the Seventh Circuit in United States v. Patel was the scope of what constitutes a referral under the statute. According to the Court, the scope is quite broad, even extending to situations where the physician plays no role in selecting the healthcare provider the patient ultimately uses.
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