In 1972, Congress passed the Anti-Kickback Statute, which was designed to protect patients and various federal health care programs from fraud and abusive activities. This act was designed to eliminate the corrupting influence of money by making it illegal to provide compensation to others for referring individuals using federal health care programs to them for business.
Anti-kickback statutes are a common part of health care fraud prosecutions, even conspiracy cases. It is important to understand what anti-kickback statutes are and the penalties for violating the law.
What is Covered in the Anti-Kickback Statute?
The anti-kickback statute makes it a federal crime to knowingly and willfully request, solicit, or accept payments from others. These payments are given as a bribe, kickback, or exchange for referring a person for some type of treatment that is compensated by a federal health care program like Medicaid or Medicare.
Furthermore, Under 42 U.S.C. § 1320a-7b(b) makes it illegal for anyone to purchase, order, lease, arrangement, or recommend the purchase of any services or goods that are payable under a federally funded health care program. Federal defense attorneys are a provider’s best bet at learning what actions may be considered violations of this act.
How is the Anti-Kickback Statute Prosecuted?
In the United States, anti-kickback prosecutions are brought against people who make money for signing up or recruiting patients for a federally-reimbursed program for health care coverage. In other cases, there are instances where people make referrals to the doctor’s office and receive a payment from the doctor for doing so.
Other cases involve instances where people sell or offer services and products, like medical supplies and devices. When these people receive payments for their referrals, they are essentially receiving an illegal kickback.
Penalties for Anti-Kickback Statute Violations in the United States
People who are found in violation of anti-kickback statutes face harsh penalties. Even first-time offenders can face prison sentences and fines. Generally, people who are found in violation of 42 U.S.C. § 1320a-7b can face up to ten years in prison and fines up to $100,000. For this reason, it is imperative for those accused to reach out to a criminal defense attorney as soon as possible.
Healthcare Fraud Group Can Help You
People who are accused of anti-kickback statute violations face numerous legal challenges. In some cases, those convicted can face several years of imprisonment and thousands of dollars in fines. Working with an aggressive legal defense team can make a world of difference for those wrongfully accused.
Our team at Healthcare Fraud Group is dedicated to providing aggressive legal representation to those in need. We understand the challenges those accused of these horrific crimes endure. Not only are they forced to go through lengthy legal battles, but many of them lose their professional licenses, their ability to work, and suffer endless devastation that impacts their lives as well as their families. For this reason, we work diligently to ensure those accused have the best legal defense imaginable so they can get back to their lives and move forward. Contact our national federal criminal defense law firm today at (888) 402-4054 to get help with your case.