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Anti-kickback statute: Stay alert to current regulatory trends

Health Care Auditing Strategies, February 1, 2005

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You already know to steer clear of kickback arrangements, but you must remember that the consequences can go far beyond financial penalties, said David E. Matyas, Esq., an attorney at Epstein Becker & Green in Washington, DC.

"There are people who are sitting in Leavenworth [a penitentiary in Leavenworth, KS] for violations of the anti-kickback statute," Matyas said. "This is one of the statutes that people should be fearful of violating because there are not only the civil penalties that can be imposed-as well as potential exclusion from participation in the federal healthcare programs-but people do go to jail [for violations]."

With regulatory agencies considering ethical issues according to the ebb and flow of questions the industry sends their way, avoiding kickback arrangements can be tricky. But reviewing the latest OIG advisory opinions can help you avoid running afoul of anti-kickback regulations, Matyas said during the Fraud & Compliance Forum sponsored by the American Health Lawyers Association and the Health Care Compliance Association held in Baltimore in September 2004.

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