Kickbacks prohibition to influence referrals for federally funded services is established by which statute?

• A. False Claims Act
• B. PDMA
• C. Anti-Kickback Statute (AKS)
• D. PPPA

Answer: (C)

The main idea is that there is a federal law that bars paying or receiving kickbacks to influence referrals for items or services paid for by federal health care programs. This is the Anti-Kickback Statute. It makes it illegal to knowingly and willfully offer, pay, solicit, or receive any remuneration to induce or reward referrals for services or supplies that are reimbursed by programs like Medicare or Medicaid. The goal is to protect clinical judgment from financial incentives and protect program integrity. Penalties can be severe, including criminal fines, imprisonment, and exclusion from federal programs. There are safe harbors for certain arrangements that meet specific criteria, but outside those, such payments can lead to liability. The other statutes listed don’t govern referral incentives: the False Claims Act targets submitting false claims to the government; the Prescription Drug Marketing Act addresses drug marketing and distribution; and the Poison Prevention Packaging Act deals with packaging safety.