What does the Anti-Kickback Statute prohibit?

• A. Any form of payment in return for referrals
• B. Only cash payments
• C. Gifts above a threshold
• D. No restrictions on referrals

Answer: (A)

The key idea is that the Anti-Kickback Statute bars any form of payment intended to induce referrals for items or services that are reimbursed by federal health care programs. It isn’t limited to cash; non-cash incentives, gifts, or any remuneration tied to referrals can violate the law. The harm comes from steering patient care or purchasing decisions based on kickbacks, not from the specific form of payment. There are safe harbors for certain legitimate arrangements, but the general rule forbids payments in return for referrals. So describing it as any form of payment in return for referrals best captures what the statute prohibits. Cash-only, gifts above a threshold, and no restrictions on referrals don’t fit because the statute covers more than just cash, and it does restrict referrals in the presence of kickbacks.