Form 5495 Statutory 2017-2023

Instructions and Help about Form 5495 Statutory

My name is Meredith Williams and I'm an attorney with the Office of Inspector General many people ask us what is the federal anti-kickback statute and how could it affect me here are the four most important things you need to know about the kickback statute number one you should know what the anti-kickback statute prohibits number two you should know the penalties under the law number three you should know the types of programs the law covers and number four you should know that the law has numerous safe harbors let's start with number one what does the law prohibit under the federal anti-kickback statute you may not knowingly and willfully offer pay solicit or receive anything of value to induce or reward referrals a federal health care program business in some industries it's acceptable to reward those who refer business to you in health care however it's a crime the prohibition against kickbacks applies to those who pay for referrals and to those who receive them kickbacks can take various forms for example they can be bribes or rebates they can be given in cash or in-kind here's an example of an arrangement that would be problematic under the federal anti-kickback statute if a medical device manufacturer gives lavish vacations gifts or sham consulting fees to an orthopedic surgeon to reward the physician for using its devices during surgery now that would be suspect under the kickback statute in schemes like this the government may prosecute the physician who receive the kickbacks as well as the manufacturer who paid them number two what are the penalties there are criminal and civil penalties for violating the law let's start with the criminal penalties violating the anti-kickback statute is a felony which means violators can go to jail conviction can...