Anti-Kickback Statute

The Anti-Kickback Statute (AKS) is an American federal law prohibiting financial payments or incentives for referring patients or generating federal healthcare business. The law, codified at 42 U.S. Code § 1320a–7b(b), imposes criminal and, particularly in association with the federal False Claims Act, civil liability on those who knowingly and willfully offer, solicit, receive, or pay any form of remuneration in exchange for the referral of services or products covered by any federal healthcare program, subject to certain narrow exceptions. In other words, the statute covers both those who provide kickbacks and those who receive kickbacks. The statute is among the most important healthcare fraud and abuse laws in the United States. Violation of the AKS is a felony.