The federal Anti-kickback Statute 42 U.S.C. §1320a-7b(b) is one of the most influential statutes in the health care industry. This criminal federal statute has been used extensively by federal prosecutors across the country and specifically in the New York City Area. The law is designed to prohibit any arrangement where one party provides any sort of compensation to encourage the referral or recommendation by another party of any services or supplies that are reimbursable under any federal health care program. The Anti-kickback Statute prohibits any person from:
(1) knowingly and willfully soliciting or receiving “remuneration,” directly or indirectly, overtly or covertly, in return for a referral for program-reimbursable items or services; or
(2) knowingly and willfully offering or giving “remuneration,” directly or indirectly, overtly or covertly, with the intent to induce referrals for program-reimbursable items or services.
“Remuneration” in the Anti-kickback statute context is “a kickback, bribe, or rebate” as well as other types of consideration. Criminal punishment for violating the Anti-kickback Statute may include imprisonment of up to 5 years, and/or a fine that is the greater of (a) $250,000 for an individual, $500,000 for an organization, or (b) twice the gross gain or loss from the offense.
If you were arrested or investigated for violating the federal Anti-kickback Statute in Long Island, then call our Long Island Anti-kickback defense attorneys at (516)204-7611 to get professional legal advice.