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Fraud Crimes Federal Anti Kickback Statute

By Spodek Law Group | February 14, 2023

Federal Anti-Kickback Statute: Combating Healthcare Fraud

The healthcare industry is vital to the well-being of millions of people. It’s a sector that should be based on the principles of trust, honesty, and integrity. Unfortunately, there are those who seek to take advantage of this system for their own benefit. These people engage in fraudulent activities, which not only damage the integrity of the healthcare industry but also put the health and safety of patients at risk. This is where the Anti-Kickback Statute comes in.

The Anti-Kickback Statute Explained

The Anti-Kickback Statute, as defined under 42 U.S.C. § 1320a-7b, makes it a federal crime for anyone to solicit or receive any kind of remuneration in exchange for a patient referral for services where a healthcare program pays for buying a service or an item. The statute aims to prevent any payments or gifts that may influence a healthcare provider’s decision to choose one service or product over another.

Violations of this statute are very common, and they can lead to severe consequences. Alleged violations can trigger a federal government criminal investigation, physician disciplinary proceedings, and medical board actions. It is not uncommon for these cases to result in criminal charges and hefty fines.

The Elements of an Anti-Kickback Scheme

To prosecute a case of an alleged anti-kickback scheme, prosecutors must demonstrate that two crucial elements of the crime exist – remuneration between parties and illegal intent. Remuneration is any type of payment, reward, or benefit that is provided to influence a healthcare provider’s decision. Illegal intent refers to the intention to exchange remuneration for referrals or purchases, with the knowledge that this is against the law.

In conclusion, the Anti-Kickback Statute is a powerful tool in the fight against healthcare fraud. It protects patients’ well-being and the integrity of the healthcare industry by preventing any illegal activity. Healthcare providers must always act ethically and transparently to maintain the trust and confidence of their patients and the public.

Prosecuting the Federal Anti-Kickback Law: Uncovering Fraudulent Schemes

The prosecution of fraud crimes is a thrilling and necessary pursuit, and few laws have the ability to uncover such schemes like the Federal Anti-Kickback Statute under 42 U.S.C. § 1320a-7b. This law specifically targets individuals who seek to profit from the referral of patients for federally reimbursed healthcare programs, and the consequences for such illegal activity can be severe.

Uncovering Kickbacks in the Healthcare Industry

Under this statute, it is not uncommon for individual healthcare professionals to face prosecution for their participation in illegal schemes. Take, for example, a doctor who pays a third-party source to refer patients to their office. Such an arrangement allows the doctor to treat more patients and receive a larger reimbursement rate from the federal taxpayer. Meanwhile, the third-party source receives a kickback from the doctor’s office for each referred patient.

Criminal Charges for Illegal Profit from Healthcare Goods and Services

It is important to note that the statute also covers the illegal sale of healthcare-related goods and facilities. For instance, a pharmacist who pays a kickback to a referral that supplies patients with costly medical devices or prescription medications that are covered under a federal benefits program for reimbursement could face criminal charges under the Federal Anti-Kickback Statute.

Exemptions and Legitimate Medical Services

However, readers should be aware that not all compensation received through federally-funded healthcare programs is a violation of the anti-kickback law. The statute includes exemptions for discounts or reductions in price by the provider as long as they are properly disclosed and reflected in the claims for reimbursement. Ultimately, the provisions within 42 U.S.C. § 1320a-7b primarily target illegal patient referral and kickback activity, rather than legitimate healthcare providers who provide valid medical services that are compensated by federal tax dollars.


Overall, the Federal Anti-Kickback Statute serves as a powerful tool for prosecuting fraudulent activity within the healthcare industry. Whether it is an individual profiting from patient referrals or the illegal sale of healthcare goods and facilities, the statute seeks to protect taxpayers and ensure that healthcare providers are held accountable for their actions.

The Ugly Truth Behind Medical Insurance Fraud Kick-Back Cases

The American medical system is facing a grave issue. The problem arises when people start bidding for patients. When a patient is eligible to receive money from the government, doctors feel compelled to refer them to specific facilities that can provide care.

Act Now to Defend Yourself Against Anti-Kickback Schemes

Medical insurance fraud cases involving anti-kickback schemes can be devastating, both financially and emotionally. False accusations can tarnish your reputation, ruin your career, and even land you in prison. If you or a loved one is facing such charges, do not hesitate to take action to protect your rights. Pick up the phone and call for legal assistance right away.

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