The federal antikickback law provides criminal and civil penalties for the payment of any remuneration in exchange for referring or arranging for the referral of health care business reimbursed by Medicare, Medicaid or other federal health care programs.
State self-referral laws impose separate restrictions on physician referrals to organizations with which a physician has a financial relationship. Other state law provisions impose restrictions which are similar to those imposed under the antikickback law.
These and other federal and state laws impose their own requirements and, while there may be similarities among the compliance requirements for different laws, each must be complied with independently. This is particularly true with the Stark law and the federal antikickback law. Even though a financial relationship may be acceptable for Stark law compliance, the underlying relationship may nevertheless violate the federal antikickback law. Similarly, arrangements structured to comply with the antikickback law may nevertheless violate the Stark law.
- MGMA responds to OIG request for information on the Anti-Kickback Statute
- MGMA calls upon Congress to Modernize the Anti-Kickback Statute