DOJ Intensifies Anti-Kickback Statute Enforcement in Telehealth Referral and Marketing Arrangements

Overview of the Anti-Kickback Statute (AKS)

The federal Anti-Kickback Statute (42 U.S.C. § 1320a-7b(b)) is a cornerstone of healthcare fraud and abuse laws in the United States. It prohibits knowingly and willfully offering, paying, soliciting, or receiving any remuneration (anything of value) to induce or reward referrals for items or services reimbursable by a federal healthcare program. Violations of the AKS can result in severe penalties, including criminal convictions, civil monetary penalties, and exclusion from participation in federal healthcare programs like Medicare and Medicaid.

The statute is intentionally broad to cover various arrangements that could influence medical decision-making based on financial gain rather than patient need. While certain