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The Anti-Kickback Statute

Learn about the Anti-Kickback Statute, including applicable actors, what qualifies as a kickback, the mens rea requirement, exceptions, and penalties.


The Anti-Kickback Statute is a federal criminal law aimed at preventing healthcare fraud and abuse. Essentially, the statute prevents healthcare providers from receiving kickbacks for referring an item or service that’s paid for by a federal healthcare program. The statute is an anti-corruption law intended to prevent financial gain from interfering with a provider’s medical decisions in order to both protect the quality of patient care and reduce unnecessary medical...