In the Courts: Physician Found Guilty of Accepting Kickbacks; Court Accepts Government’s Broad Definition of “Referrals”

March 27, 2015 | Aging Services Risk, Quality, & Safety Guidance

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The Seventh Circuit Court of Appeals concluded that a physician was guilty of conspiracy and violating the federal Anti-Kickback Statute by accepting payments for referrals to a home care agency in the form of signed Medicare certifications; the opinion affirmed the district court's judgment.

The Anti-Kickback Statue makes it illegal to "knowingly and willfully solicit…or receive…any remuneration (including any kickback, bribe, or rebate)…in return for referring an individual to a person for the furnishing" of healthcare services paid for, in whole or in part, by a federal health care program (42 U.S.C. § 1320a-7b (b)(1) (A)). In addition to combating healthcare fraud, the Anti-Kickback Statute serves to protect patients...

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