Bribes or kickbacks of any kind for services that are paid under a Federal health care program constitute fraud by the person making as well as the person receiving them.

• A. False
• B. True
• C. Not specified
• D. It depends

Answer: (B)

In federal health care programs, paying or accepting bribes or kickbacks to influence referrals is illegal and can be fraud for both sides. The Anti-Kickback Statute prohibits giving, paying, soliciting, or receiving any remuneration intended to induce referrals for items or services that are reimbursed by federal programs like Medicare and Medicaid. Because the arrangement corrupts the decision-making process and can lead to unnecessary or inappropriate services, both the person offering the kickback and the person receiving it can be charged with fraud for participating. There are legitimate exceptions known as safe harbors for certain arrangements that meet specific criteria, but a straightforward bribe or kickback falls outside those protections.