The Federal Anti-Kickback Statute and Safe Harbors, Second Edition - 2nd Edition by Ada Janocinska & Geoffrey Kaiser (Paperback)

About the Book

"The Federal Anti-Kickback Statute and Safe Harbors is a comprehensive reference book for one of the nation's most commonly cited, investigated and enforced health care fraud and abuse laws. The book offers practical guidance to health care attorneys in understanding the law's origin, purpose and requirements"--

Book Synopsis

The Anti-Kickback Statute (AKS) was first enacted through the Social Security Amendments of 1972 in order to combat fraud and abuse in the Medicare and Medicaid Programs. The purpose of the AKS is to remove the corrupting effects of kickbacks in health care by, among other things, outlawing behavior designed to game the system through the use of financial incentives intended to direct patient referrals to particular health care providers and away from other providers rendering the same type of care. But not every payment or practice offends the policies underlying the statute.

Beginning in 1991, the Office of Inspector General of the U.S. Department of Health and Human Services began promulgating regulatory safe harbors to supplement the statutory exceptions passed by Congress. Safe harbors are designed to protect certain common and salutary commercial arrangements the purpose of which is not to induce referrals in violation of the AKS. The safe harbors place these arrangements beyond the reach of AKS prosecution. The Federal Anti-Kickback Statute and Safe Harbors: A Practical Guide, Second Edition covers all safe harbors currently in place, including investments, office and equipment leases, personal and management services, warranties, discounts and many others. The book also covers the interplay between the AKS and other laws, including the False Claims Act and Stark Law.