Improper Kickbacks in Healthcare: Examples and Legal Considerations

Kickbacks in healthcare can take various forms, some of which are more obvious than others. Cash payments in exchange for referrals are a clear violation of the law.

However, lease arrangements where space is offered at less than market value to a potential referral source may also be a violation of the law, despite appearing less obvious. Such disguised kickbacks and other similar business arrangements violate the federal Anti-Kickback Statute if even “one purpose” of the arrangement was to obtain something of value in exchange for referrals. While courts have constrained the “one purpose” rule, the government still needs to demonstrate the existence of a kickback and that the defendant acted “knowingly and willfully.” However, to prove a violation against a payor, the government must demonstrate unlawful motivation under the statute. 

Source:  https://drive.google.com/


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