Anti-Kickback Safe Harbors

Understand and apply the safe harbors to the federal Anti-Kickback Statute, which prohibits an individual from knowingly and willfully soliciting, paying, offering to pay, or receiving any remuneration, whether in cash or in kind, directly or indirectly, overtly or covertly, to induce or reward patient referrals or to generate business of any kind involving any item or service payable by a federal healthcare program (e.g., Medicare or Medicaid). Walk your healthcare clients through each applicable business arrangement to ensure it meets all criteria of the intended safe harbor.

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Related Content

• Conflict of Interest Policy for Medical Staff (Healthcare Organization)
  Employ this template conflict of interest policy for your medical staff to safeguard the integrity and reputation of your healthcare organization. Foster the proper and unbiased conduct of all medical staff activities. Use this policy to educate medical staff members about situations that generate conflicts of interest; promote the best interests of patients, their families, employees, and other practitioners; and describe situations that are prohibited.
• Conflict of Interest Questionnaire for Directors and Officers (Healthcare Organization)
  Adopt this template questionnaire for your organization’s directors and officers to identify their potential conflicts of interest. Ensure the directors and officers disclose any relationships (e.g., with vendors) that may pose potential conflicts of interest with your organization. Stress to your leadership the importance of disclosure—even if the relationship meets a safe harbor or exception to a fraud or abuse law—as part of an effective compliance program.
• Anti-Kickback Statute and False Claims Provisions of Federal Fraud and Abuse Laws
  Brush up on the false claims provisions of federal healthcare fraud and abuse laws. Educate your healthcare clients on prohibitions regarding false statements for services provided to Medicare or Medicaid patients, as well as false statements made to qualify a facility for participation in a federal healthcare program. Review the laws’ intentionality requirements with your clients including, notably, the one-purpose rule, to reinforce the need to scrutinize all business arrangements that could potentially run afoul of federal fraud and abuse prohibitions.

Practical Guidance Updates
Featuring the latest updates from your Practical Guidance account.   

• The emergence of Generative AI in Healthcare is being met with considerable concern and scrutiny because of the life-changing implications related to patient care. The new edition of the Practical Guidance Journal features an in-depth look at cautions and legal considerations.
• Access our new Generative Artificial Intelligence (AI) Resource Kit, which provides a frequently updated collection of current Practical Guidance materials on generative AI, ChatGPT, and similar tools.
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