Bribes or kickbacks for services paid under a Federal health care program constitute fraud by

• A. Both the person giving and the person receiving them
• B. Only the person giving them
• C. Only the person receiving them
• D. Neither

Answer: (A)

The underlying idea is that federal health care anti-kickback rules hold both sides of a bribery or kickback scheme responsible. It’s illegal to offer, pay, solicit, or receive anything of value to influence referrals for services that are paid by a federal health care program like Medicare or Medicaid. That means the person giving the kickback is committing fraud by trying to induce business with illicit value, and the person receiving the kickback is committing fraud by accepting that incentive to steer referrals. The aim of the statute is to protect patient care and program integrity, so both parties can face criminal and civil penalties, and arrangements can trigger exclusion from federal programs.