Which statement describes the Federal Anti-Kickback Statute?

• A. Prohibits knowingly & willfully offering or receiving payment in return for referrals; includes cash for referrals, gifts.
• B. Cannot refer to any other provider under any circumstance.
• C. Prohibits only cash payments but not gifts.
• D. Only prohibits referrals for non-covered services.

Answer: (A)

Knowingly and willfully offering or paying any remuneration to induce or reward referrals for items or services that will be reimbursed by federal health care programs is prohibited. Remuneration includes cash, gifts, discounts, and in-kind benefits, or anything of value exchanged to influence a referral decision. The aim is to prevent improper influence over referrals for services paid by programs like Medicare or Medicaid, and there are safe harbors that outline when certain payments are permissible if they meet specific criteria. The other statements are not correct because the statute isn’t limited to cash only, it isn’t a blanket ban on referrals in every circumstance, and it covers referrals for services that are reimbursed by federal programs, not just non-covered services.