Which two statutes govern physician referrals and compensation to avoid improper financial incentives in healthcare?

• A. False Claims Act and Sarbanes-Oxley
• B. HIPAA and HITECH
• C. FDA and FD&C Act
• D. Anti-Kickback Statute (AKS) and Stark Law

Answer: (D)

The main idea is preventing financial incentives from improperly steering medical decisions and referrals. The Anti-Kickback Statute makes it illegal to offer, pay, solicit, or receive anything of value to induce or reward referrals for services paid by federal health programs. The Stark Law specifically targets physician self-referrals: it prohibits a physician from referring patients for designated health services to an entity with which the physician or a close family member has a financial relationship, unless a safe harbor or exception applies. These rules are designed to keep patient care based on medical need rather than financial gain, and they come with serious penalties and enforcement. Safe harbors and exceptions exist to allow certain arrangements if they meet strict criteria, but outside those, the laws aim to deter improper incentives. The other options address privacy/security (HIPAA/HITECH) or general regulatory/fraud issues (FDA/False Claims Act), not the specific issue of referrals and compensation.