The U.S. Federal Anti-Kickback Statute is the governing statute that prohibits any person or entity from knowingly and willfully offering, paying, or soliciting any type of remuneration for referrals for any services provided and reimbursable under a federally-funded government program, such as Medicare and Medicaid. Violations of this statute can result in substantial fines, felony conviction, imprisonment, and exclusion from federally funded programs. In 1991, “safe harbor” rules were issued that identify the activities exempt from the Anti-Kickback Statute, provided certain guidelines are followed. The Office of Inspector General (OIG) provides numerous regulations that interpret the Anti-Kickback Laws and Safe Harbor regulations. It is imperative that all employees of organizations providing services or products to federally funded programs recognize the importance of this statute.
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