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Anti- Kickback Statute

July 29, 2021, 3:34 am
  1. 25 Anti-Kickback Statute Facts - The Healthcare Lawyer
  2. DOJ Open Payments Program / Sunshine Act Enforcement Action - Anti-Kickback Statute : physician
  3. Anti-kickback statute policy and procedure
  4. Anti-kickback statute history

The blog further notes that there does not appear to be any authority indicating that "payment by individuals of the full cost of their plan premiums would transform that plan into a Federal health care program, " and finds no support for the notion that "the extension of premium tax credits to eligible enrollees would constitute federal government 'funding' of a particular plan. " Others, however, have suggested that a considerably less reasoned and more strategic analysis may underlie Secretary Sebelius's decision. Articles that appeared in the New York Times and the Wall Street Journal after the release of Secretary Sebelius's letter focus on the fact that the administration's decision will allow pharmaceutical companies to provide co-payment assistance to Affordable Care Act beneficiaries who cannot afford the co-payments for expensive brand name drugs. Although the practice of providing payment assistance for those who purchase particular medications has been considered an illegal kickback under federal programs such as Medicare and Medicaid, the conclusion that Affordable Care Act plans are not "Federal health care programs" appears to mean that pharmaceutical companies can provide such assistance to beneficiaries who purchase their insurance on the government exchanges.

25 Anti-Kickback Statute Facts - The Healthcare Lawyer

But the agency never got around to actually issuing a proposed rule amid fierce pushback from the pharmaceutical industry. Source:

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DOJ Open Payments Program / Sunshine Act Enforcement Action - Anti-Kickback Statute : physician

3. Rebates Prohibited – Hospital, ASC, Mobile Surgical Facility – § 395. 0185, Fla. It is unlawful for any person to pay or receive any commission, bonus, kickback, or rebate, or engaged in any split-fee arrangement, in any form whatsoever with any physician, surgeon, organization, or person, either directly or indirectly, for patients referred to a hospital, ambulatory surgical center or mobile surgical facility. 4. Rebates Prohibited – Pharmacy – § 465. 185, Fla. It is unlawful for any person to pay or receive any commission, bonus, kickback or rebate or engage in any split-fee arrangement in any form whatsoever with any physician, surgeon, organization, agency or person, either directly or indirectly, for patients referred to a registered pharmacy. 5. Bribes, Kickbacks, Certain Solicitations Prohibited – Nursing Homes – § 400. 17, Fla. It is unlawful for any person who furnishes items or services directly or indirectly to a nursing home resident to solicit, offer or receive any kickback or bribe in connection with the furnishing of such items or services, or making or receipt of such payment, or return of part of an amount given in payment for referring any such individual to another person for the furnishing of such item or services.

Anti-kickback statute policy and procedure

With the aggressive pursuit of cases against the pharmaceutical and device industries (including the recent $2. 2 billion settlement with Johnson & Johnson), the implementation of Medicare Fraud Strike Forces in major cities throughout the country, and an increase in the potential criminal penalties under the United States Sentencing Guidelines, the federal government's determination to root out health care fraud has long seemed vigorous and unrelenting. The government has repeatedly touted its continuing dedication to fighting waste and abuse in health care, and has treated this dedication as part and parcel of its efforts to implement health care reform. Indeed, in a press release issued after the enactment of the health-care reform law, the Department of Health and Human Services (HHS) proclaimed that joint efforts on the part of HHS and the Department of Justice to fight fraud and abuse in the health care industry "will continue to improve with the new tools and resources provided by the Affordable Care Act. "

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Anti-kickback statute history

In the ancient past, stargazers assumed that the celestial bodies visible at night numbered a little over a thousand. This was due in part to Ptolemy's highly-regarded catalogue of stars, published in the second century. He had meticulously counted the lights in the night sky that he could visualize at his level of latitude, using only his naked eye. Fast forward a couple of millennia and, using the orbiting Hubble telescope, we're now able to view innumerable galaxies—each containing billions of stars. Sometimes our understanding of seemingly settled matters changes when given a new perspective. That can apply to areas of science, as well as the law. One of the statutory standards that healthcare compliance has accepted for over 30 years now has just undergone a regulatory update and may now be seen in a different light. Historic Elucidation In the late 80s, U. S. Congressman Pete Stark sponsored a bill that would require limitations on physician self-referrals relative to Medicare patients.

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