Common use of Anti-Kickback Statute Clause in Contracts

Anti-Kickback Statute. The Recipient and Agency, as recipients and sub- recipients respectively of federal funds, are subject to the strictures of the Medicare and Medicaid anti-kickback statute (42 U.S.C. §1320a-7b(b)) and should be cognizant of the risk of criminal and administrative liability under this statute, specifically under 42 U.S.C. §1320 7b(b) “Illegal Remunerations” which states, in part, that whoever knowingly and willfully: (A) solicits or receives (or offers or pays) any remuneration (including kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind, in return for referring (or to induce such person to refer) any individual to a person for the furnishing or arranging for the furnishing of any item or service; OR (B) in return for purchasing, leasing, or ordering, or recommending purchasing, leasing, or ordering, or to purchase, lease, or order, any goods, facility services, or item for which payment may be made in whole or in part under subchapter XIII of this chapter, or a State health care program, shall be guilty of a felony and upon conviction thereof, shall be fined not more than $25,000 (Twenty- Five Thousand Dollars) or imprisoned for not more than five (5) years, or both.

Anti-Kickback Statute. The Recipient and Agency, as recipients and sub- recipients respectively of federal funds, are subject to the strictures of the Medicare and Medicaid anti-anti- kickback statute (42 U.S.C. §1320a-7b(b)) and should be cognizant of the risk of criminal and administrative liability under this statute, specifically under 42 U.S.C. §1320 7b(b) “Illegal Remunerations” which states, in part, that whoever knowingly and willfully: (A) solicits or receives (or offers or pays) any remuneration (including kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind, in return for referring (or to induce such person to refer) any individual to a person for the furnishing or arranging for the furnishing of any item or service; OR (B) in return for purchasing, leasing, or ordering, or recommending purchasing, leasing, or ordering, or to purchase, lease, or order, any goods, facility services, or item for which payment may be made in whole or in part under subchapter XIII of this chapter, or a State health care program, shall be guilty of a felony and upon conviction thereof, shall be fined not more than $25,000 (Twenty- Five Thousand Dollars) or imprisoned for not more than five (5) years, or both.