Health Care Anti-Kickback Statute: Overview

A Practice Note Overview discussing the Anti-Kickback Statute (AKS) and its applicability to health care cases. This Note outlines prohibited conduct and the relationship between the AKS and the False Claims Act (FCA). It covers criminal penalties for violating the AKS, civil monetary penalties, and potential exclusion by the Department of Health and Human Services (HHS), Office of Inspector General (OIG). The Note covers AKS risks in the health care, pharmaceutical, and medical device industries. It addresses joint ventures and other business arrangements. The Note briefly explains the AKS exceptions and safe harbors including the 2020 revisions and additions to the safe harbors. The Note contains cross references linking to additional Practical Law materials about the AKS exceptions and safe harbors. It provides important references to OIG resources, compliance guidance, and tips to help analyze potential AKS issues. This Note is based on federal law.