THE ANTI-KICKBACK STATUTE
Medicaid, a public assistance program funded by the state and federal
THE FEDERAL AND STATE FALSE CLAIMS ACTS
The federal False Claims Act imposes liability on any person who:
Knowingly presents, or causes to be presented, to an officer or
employee of the United States Government ... a false or fraudulent claim for payment or approval;
subsidizes the purchase of more prescription drugs than any other health program in the United
AKS makes it a felony to offer kickbacks or other payments to affect decisions to order goods
Knowingly makes, uses, or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the Government;
31 U.S.C. §3729(a).
Conspires to defraud the Government by getting a false or fraudulent claim allowed or paid.
The Plaintiff States' False Claims Acts each have similar language detailing
Congress added the Anti-Kickback Statute ("AKS") to the Social Security Act in 1977. The
In response to fraudulent and abusive practices in Medicaid-funded programs,
paid for by federally-funded health programs, including Medicaid.
42 U.S.C. §1320a-
According to the AKS, a party engages in "illegal remuneration" when that party
"knowingly and willfully pays any remuneration (including any kickback, bribe, or rebate)