What does the Anti-Kickback Statute (AKS) make illegal?

The Anti-Kickback Statute (AKS) is designed to prevent inappropriate financial relationships that could influence healthcare decisions. Specifically, it makes it illegal to knowingly and willfully offer, pay, solicit, or receive any remuneration to induce or reward referrals for services covered by federal healthcare programs. This implies that paying for a referral to a facility is a direct violation of the statute, as it creates a potential conflict of interest and can lead to unnecessary or excessive healthcare services being provided, ultimately jeopardizing patient care and increasing healthcare costs.

In contrast, offering incentives for employee performance, providing free services to needy patients, and accepting donations from patients do not inherently violate the AKS as they are typically structured to enhance patient care and support without directly incentivizing referrals for federal program reimbursement. Each of these actions must be assessed within the framework of their intent and impact on patient care to determine compliance with legal guidelines.