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Anti-Kickback Statute (42 US SS 1320a-7b (b) prohibitions - Answer:
Prohibits offering, paying, soliciting or reviving anything of value to
induce or reward referrals or generate Federal health care program
business
,Anti-Kickback Statute (42 US SS 1320a-7b (b) referrals - Answer:
Referrals from anyone
Anti-Kickback Statute (42 US SS 1320a-7b (b) - Answer: Any items or
services
Anti-Kickback Statute (42 US SS 1320a-7b (b) (Intent) - Answer: Intent
MUST be proven (knowing and willful)
Anti-Kickback Statute (42 US SS 1320a-7b (b) Criminal penalties -
Answer: Fines up to $25,000/violation
Up to a 5-yr prison term/violation
Anti-Kickback Statute (42 US SS 1320a-7b (b) (Civil/administrative) -
Answer: False Claims act liability
Civil monetary penalties and program exclusions
Potential $50,000 CMP/violation
,Civil assessment of up to 3x amount of kickback
Anti-Kickback Statute (42 US SS 1320a-7b (b) Exceptions - Answer:
Voluntary safe harbors
Anti-Kickback Statute (42 US SS 1320a-7b (b) - what it applies to... -
Answer: All Federal Health Care Programs
The Stark Law (42 US SS 139nn) Prohibition - Answer: Prohibits a
physician from referring Medicare patients for designated health
services to an entity with which the physician (or immediate family
member) has a financial relationship, unless an exception applies)
Prohibits the designated health services entity from submitting claims
to Medicare for those services resulting from a prohibited referral
The Stark Law (42 US SS 139nn) Referrals - Answer: Referrals from a
physician
The Stark Law (42 US SS 139nn) (Items/Services) - Answer: Designated
health services
, The Stark Law (42 US SS 139nn) (Intent) - Answer: No intent standard
for overpayment (strict liability)
Intent required for civil monetary penalties for knowing violations
The Stark Law (42 US SS 139nn) (Civil Penalties) only - Answer:
Overpayment/refund obligation
False Claims Act liability
Civil monetary penalties and program exclusion for knowing violations
Potential $15,000 CMP for each service
Civil assessment of up to 3x the amount claimed.
The Stark Law (42 US SS 139nn) (Exceptions) - Answer: Mandatory
exceptions
The Stark Law (42 US SS 139nn) applies to - Answer: Medicare and
Medicaid