Under the Anti-Kickback Statute (AKS), what is permissible for a healthcare facility to attract more patients?

The Anti-Kickback Statute (AKS) is designed to prevent fraud and abuse in healthcare by prohibiting any remuneration for referrals of services covered by federal health care programs. However, certain activities may be permissible under this statute as they do not constitute improper remuneration.

Providing free or reduced-cost services to uninsured individuals is considered an acceptable practice under the AKS. This approach can be viewed as a charitable service, aimed at improving access to healthcare for those who may otherwise not afford it. The rationale is that enhancing healthcare accessibility for underserved populations aligns with promoting public health and welfare.

Offering cash incentives for referrals is a clear violation of the AKS as it directly incentivizes referrals, potentially leading to overutilization of healthcare services and undermining patient trust. Complimentary transportation services, while well-intentioned, can also raise concerns under the AKS if perceived as an incentive for referrals. Advertising all services through mass media, while generally acceptable, must still comply with truthfulness and must not imply or create improper inducements under the federal healthcare program guidelines.

Therefore, providing free or reduced-cost services to uninsured individuals stands out as a lawful and ethical way to attract patients, as it serves both a social purpose and conforms to legal standards under the AKS