Bribes or kickbacks for services paid under a Federal health care program constitute fraud by the person making them and by the person receiving them.

• A. True
• B. False
• C. It depends on the value of the payment
• D. Only the payer is liable

Answer: (A)

Bribes or kickbacks tied to services billed to federal health care programs are illegal under the Anti-Kickback Statute. This rule makes it unlawful to offer, pay, solicit, or receive any remuneration to induce or reward referrals for items or services paid for by federal programs like Medicare or Medicaid. Liability can attach to both sides: the payer who provides the kickback and the recipient who accepts it, because each is participating in a scheme to influence how federal funds are used. The concern isn’t the payment’s size; any amount intended to influence referrals can trigger penalties, though legitimate arrangements may exist under safe harbors if structured correctly. So the statement is true: both the person offering and the person receiving kickbacks can be liable for fraud.