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Friday Compliance Briefing: The Beneficiary Anti-Kickback Statute

Editor's Welcome:

Over the past few weeks, several subscribers have asked for guidance concerning the Medicare Beneficiary Anti-Kickback Statute. All providers should be aware of the basic elements of this statute, as well as the consquences of non-compliance. Keep the questions and suggestions coming.

Sincerely,

Gregory Root, Esq.

The Medicare Beneficiary Anti-Kickback Statute

The Medicare Beneficiary Anti-kickback Statute became law in 1996 as a result of the Health Insurance Portability and Accountability Act (HIPAA). Similar to other anti-kickback provisions of Medicare and Medicaid, the beneficiary anti-kickback statute prohibits providers from offering or providing remuneration in exchange for Medicare/Medicaid referrals. The basic elements of this statute are:

  • If a Medicare provider
  • offers, transfers, and/or gives remuneration
  • to a Medicare beneficiary
  • knowing that the remuneration will influence the beneficiary....

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