Knowledge base

Kickback Violation

a violation of the Federal Anti-Kickback statute, which prohibits giving or receiving any kind of remuneration to promote goods or services. The Anti-Kickback Statute, 42 U.S.C. §1320 a-7b, makes it a criminal offense to knowingly and willfully to offer, pay, solicit, or receive any remuneration to induce the referral of business covered by a Federal funded health care program. In other words, the statute prohibits payments made purposefully to induce referrals of business payable by a Federal health care program. The statute ascribes liability to both sides of a kickback transaction and has been interpreted to cover any arrangement where one purpose of the remuneration was to obtain money for the referral of services or to induce further referrals.

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