What Is.The Anti-Kickback Statute? / Karen S. Lovitch, Samantha P. Kingsbury and Rachel Elizabeth Yount.

Format:

Book

Author/Creator:

Lovitch, Karen S., author.

Kingsbury, Samantha P., author.

Yount, Rachel Elizabeth, author.

Language:

English

Subjects (All):

Government purchasing--Corrupt practices--United States.

Government purchasing.

Medical care--Finance--Law and legislation--United States.

Medical care.

Physical Description:

1 online resource (81 pages)

Edition:

Second edition.

Place of Publication:

Cleveland : American Bar Association, 2015.

Chicago, Illinois : American Bar Association, [2022]

Summary:

The federal Anti-Kickback Statute (AKS) is one of the best-known federal fraud and abuse statutes, due largely to its wide-ranging effects on business relationships in the health care, pharmaceutical, and medical device sectors. The newly-updated second edition of this primer explains how AKS is a criminal statute that prohibits transactions intended to induce or reward referrals for items or services reimbursed by the federal health care programs. It further details the anti-corruption statute and how it is 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.

Contents:

Intro

Title Page

Copyright Page

Contents

About the Authors

Chapter 1 Overview of the Anti-Kickback Statute and Its Purpose

1.1 Introduction

1.2 Statutory Language

1.3 Legislative and Regulatory History

1.4 Key Terms

1.5 Sanctions

1.6 The OIG's Health Care Fraud Self-Disclosure Protocol

Chapter 2 Statutory Exceptions and Safe Harbors to the Anti-Kickback Statute

2.1 Statutory Exceptions

2.2 Safe Harbors

2.3 Commonly Used Safe Harbors

Chapter 3 Fraud and Abuse Waivers

3.1 The MSSP Fraud and Abuse Waivers

3.2 Transition from Model-by-Model Waivers to Broadly Applicable Safe Harbors

Chapter 4 Sources of Guidance

4.1 Preambles to Proposed, Interim, and Final Rules

4.2 Advisory Opinions

4.3 Fraud Alerts, Special Advisory Bulletins, and Other Guidance

4.4 OIG Compliance Guidance

4.5 Examples of Enforcement Actions

Chapter 5 Related Statutes

5.1 The Federal False Claims Act

5.2 The Eliminating Kickbacks in Recovery Act of 2018

5.3 The Stark Law

5.4 Civil Monetary Penalties Law

5.5 State Kickback Laws

Index.

Notes:

Includes index.

Description based on print version record.

ISBN:

1-63905-168-6