{"id":355810,"date":"2018-10-04T16:48:09","date_gmt":"2018-10-04T21:48:09","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/healthcare\/patient-rights\/health-care-fraud-and-the-anti-kickback-statute.html"},"modified":"2024-03-29T11:22:05","modified_gmt":"2024-03-29T16:22:05","slug":"health-care-fraud-and-the-anti-kickback-statute","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/healthcare\/patient-rights\/health-care-fraud-and-the-anti-kickback-statute.html","title":{"rendered":"Health Care Fraud and the Anti-Kickback Statute"},"content":{"rendered":"\n
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Health Care Fraud and the Anti-Kickback Statute<\/h1>\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Health care fraud is a growing epidemic<\/a> in the U.S. that affects everyone. Health care fraud can lead to higher health insurance premiums and increased taxes. Federal laws such as the Anti-Kickback Statute and the False Claims Act<\/a> help protect us against this type of fraud.<\/p>\r\n

This article overviews health care fraud and the federal Anti-Kickback Statute (AKS).<\/p>\r\n

What Is a Kickback?<\/h2>\r\n

A "kickback" is a form of bribery<\/a> where the parties exchange something of value for a positive outcome or favorable decision. Although they may vary in form, kickback schemes are almost always unlawful and can impact various aspects of life, including health care.<\/p>\r\n

For instance, suppose you’re a Medicaid patient hurt in an accident. You go to your physician for medical care. Your physician gives you a referral to a specific home health agency. Unbeknownst to you, the doctor received cash and sports tickets for making the patient referral. Because this kickback concerns health care, the physician could face criminal charges from an Anti-Kickback Statute violation.<\/p>\r\n

The Anti-Kickback Statute<\/h2>\r\n

The Anti-Kickback Law or Anti-Kickback Statute (AKS) is a federal criminal law<\/a> that forbids kickbacks in federal health care programs. This law aims to protect patients and eliminate waste, abuse, and health care fraud from federal health care programs. These programs include, but are not limited to, the following:<\/p>\r\n