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The Anti-Kickback Statute [1] (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), [2] imposes criminal and, particularly in association with the federal False Claims Act, civil liability on those who knowingly and willfully offer, solicit, receive ...
The Anti-Kickback Enforcement Act of 1986 (Pub. L. 99–634, 100 Stat. 3523, enacted November 7, 1986, originally codified at 41 U.S.C. § 51 et seq., recodified at 41 U.S.C. ch. 87) modernized and closed the loopholes of previous statutes applying to government contractors.
The Copeland Act takes its name from U.S. Senator Royal S. Copeland, its primary sponsor.Copeland's Senate Subcommittee on Crime found that up to 25% of the federal money paid for labor under prevailing wage rates was actually returned by the wage-earner as a kickback to the employing contractor or subcontractor, or to government officials. [1]
Safe harbor provisions appear in a number of laws and in many contracts. An example of safe harbor in a real estate transaction is the performance of a Phase I Environmental Site Assessment by a property purchaser: creating a "safe harbor" protecting the new owner if, in the future, contamination caused by a prior owner is found. Another common ...
Stark Law is a set of United States federal laws that prohibit physician self-referral, specifically a referral by a physician of a Medicare or Medicaid patient to an entity for the provision of designated health services ("DHS") if the physician (or an immediate family member) has a financial relationship with that entity.
For years, I told consumers who ran into problems with their auto loans, mortgages, credit cards, payment apps, student loan servicers, credit reports and more to reach out to the Consumer ...
Statutory Anti-Kickback Liability. The federal Anti-Kickback Statute , 42 U.S.C. 1320a-7b(b) (AKS) is a criminal statute which makes it improper for anyone to solicit, receive, offer or pay remuneration (monetary or otherwise) in exchange for referring patients to receive certain services that are paid for by the government.
"Kickback brokers" are individuals who may not receive the kickback personally, but who help link the individual or company providing the goods or services with individuals capable of assisting with the illegal payments. For helping to link the two colluding parties, either or both parties may make a payment to this "broker". [5]