Does Georgia have an Anti-Kickback Statute?
Georgia’s new anti-kickback statute relating to drug abuse treatment and education programs took effect on July 1, 2021. Georgia’s new statute prohibits substance abuse treatment providers from engaging in patient brokering and includes limited exceptions and provisions for enforcement and penalties.
What does the Anti-Kickback Statute prohibit?
The AKS is a criminal law that prohibits the knowing and willful payment of “remuneration” to induce or reward patient referrals or the generation of business involving any item or service payable by the Federal health care programs (e.g., drugs, supplies, or health care services for Medicare or Medicaid patients).
Who is liable under the Anti-Kickback Statute?
§ 1320a-7b(b), applies to all individuals and companies. The law makes it a criminal offense to knowingly and willfully offer, pay, solicit, or receive anything of value (not just money) in order to induce or reward referrals or the generation of business paid for by federal healthcare programs.
What statute covers the Anti-Kickback federal law?
The federal Anti-Kickback Statute (AKS) (See 42 U.S.C. § 1320a-7b.) is a criminal statute that prohibits the exchange (or offer to exchange), of anything of value, in an effort to induce (or reward) the referral of business reimbursable by federal health care programs.
What are the Anti Kickback safe harbors?
Thus, the regulations are known as “safe harbors.” They specify payment and business practices that are guaranteed to not be considered as kickbacks, bribes, or rebates under the Medicare and Medicaid programs.
What is the one purpose rule?
The AKS prohibits paying or receiving anything of value, regardless of form (gifts, certain discounts, cross-referrals between parties), for the purpose of inducing or rewarding another party for referrals of services paid for by Medicare, Medicaid, and other programs.
What are the penalties of the Anti-Kickback Statute?
The Federal Anti-Kickback Statute is a criminal statute and the penalties for violations of the law can be severe. They include fines of up to $25,000 per violation, felony conviction punishable by imprisonment up to five years, or both, as well as possible exclusion from participation in Federal Healthcare Programs.
What is the policy justification for the anti-kickback law?
At its heart, it is an anti-corruption statute designed to protect federal health care program beneficiaries from the influence of money on referral decisions and thus is intended to guard against overutilization, increased costs, and poor quality services.
What is the one purpose test for anti-Kickback?
This test provides that if any “one purpose” of an arrangement is to induce or reward referrals reimbursable by federal health care programs, the AKS has been violated.
Why is a kickback unethical?
Kickbacks are illegal because they affect the ability of employees of both private companies and government entities to make unbiased decisions in the best interests of their clients and the marketplace as a whole.
What is the Anti-Kickback Statute and what are the penalties?
Unlike the civil nature of Stark Law, the Anti-Kickback Statute is under both civil (administrative) and criminal laws. Its criminal penalties include fines up to $25,000 per violation, and up to 5 years in federal prison.
Does the False Claims Act protect whistleblowers from anti-kickback statutes?
The Anti-Kickback Statute does not afford any private right of action, especially for whistleblowers. However, the False Claims Act provides wheels for whistleblowers to bring qui tam actions alleging violations of the Anti-Kickback Statute.
What is the difference between Stark Law and Anti-Kickback Law?
Stark Law has a limited scope of enforcement, where the law applies only to medical practitioners who have advanced applications – such as physicians, dentists, and chiropractors. The Anti-Kickback Law has a broader scope of enforcement where everyone, including yourself, is bound to follow.
What are the safe harbors under the Anti-Kickback Law?
According to the Anti-Kickback Law, the following situations are considered as the Safe Harbors: The Anti-Kickback Statute respects the bona fide employment relationship between an employer and an employee by exempting the amount received by the latter as covered by the provisions.