NormMitchell
Expert
- 43
Sorry the reason I am wanting this information directly from CMS is that I deal with a lot of insurance agents and am responsible for getting accurate information out to them. So I generally don't send anything unless it comes from a carrier or CMS directly. I want to share facts with my agents not opinions. I have been advising agents to not take part in anything until CMS actually says whether this is ok or not and how to go about whatever it is compliantly.
https://www.cms.gov/outreach-and-ed...edicare_fanda_physicians_factsheet_905645.pdf
If doctors can't receive kickbacks why would you think you'd be able to receive a kickback?
Anti-Kickback Statute (AKS) The AKS makes it a crime to knowingly and willfully offer, pay, solicit, or receive any remuneration directly or indirectly to induce or reward referrals of items or services reimbursable by a Federal health care program. When a provider offers, pays, solicits, or receives unlawful remuneration, the provider violates the AKS. NOTE: Remuneration includes anything of value, such as cash, free rent, expensive hotel stays and meals, and excessive compensation for medical directorships or consultancies.
Criminal Health Care Fraud Statute The Criminal Health Care Fraud Statute prohibits knowingly and willfully executing, or attempting to execute, a scheme or artifice in connection with the delivery of or payment for health care benefits, items, or services to either: ● Defraud any health care benefit program, or ● Obtain (by means of false or fraudulent pretenses, representations, or promises) any of the money or property owned by, or under the control of, any health care benefit program Penalties for violating the Criminal Health Care Fraud Statute may include fines, imprisonment, or both.