Article: Things Every Healthcare Practice Needs To Know About The Anti-Kickback Statute: Part 1

Attorney, Jeffrey P. Greenberg has been practicing healthcare and corporate law for over 3 decades in Tampa, throughout Florida, and across the United States.

Call (813) 284-2030 for your Healthcare Law and Corporate Law Legal Needs.

Healthcare Article

‹‹‹ Back to Articles List

Healthcare Article

Anti-Kickback Statute

If you’re in healthcare, chances are you’re quite familiar with the Anti-Kickback Statute. It’s that federal regulation that’s got your practice’s physician liaisons sweating with every delivered gift basket. Technically speaking, the AKS prohibits “the offering, solicitation, or acceptance of any type of gift or remuneration in exchange for rewarding referrals for federal healthcare program business.” Sounds intense, right?

One of the biggest issues with the Anti-Kickback Statute is that it’s so broad. It’s been around for over 40 years, and physicians today are still struggling to understand exactly what it is and how it affects their practice. There’s not enough time in the world for me to go over all the different nuances, but here are 7 things every healthcare provider should know about the Anti-Kickback Statute, split into two separate posts so you’re not overwhelmed at once. In this first post, we’ll be covering the basics.


The Anti-Kickback Statute isn’t exactly new to the market. It was enacted by congress in 1972 as an amendment to the Social Security Act.


The AKS was put in place primarily to address the many loopholes in the Social Security Act. These loopholes made it easier for organization to defraud healthcare programs through the use of kickbacks, and also made it incredibly tough to prosecute offenders.

The primary goal of the AKS was to “close the SSA loopholes by providing clearer standards through which to prosecute fraudulent healthcare organizations”. Their way of accomplishing this? Spelling out offences relating to healthcare referrals and putting clear penalties in place for those who violated the law.


The AKS is a complicated and fairly wordy document, but at the end of the day there are a few general concepts everyone in healthcare needs to be aware of. Long story short, the AKS makes the following three things illegal:

The AKS can be confusing, but understanding the basics of this statute will go a long way towards keeping yourself protected. Next time we’ll dive a little deeper into four more AKS basics you should familiarize yourself with.

September 1, 2016 / Written by: Name

Healthcare Article

Call (813) 284-2030 to find out how we may be able to help you with your Healthcare Law and Corporate Law Legal Issues.

Jeffrey P. Greenberg

Jeff has over 3 decades of experience in healthcare and corporate transactional and regulatory matters, including acquisitions and divestitures, federal and state licensure, and compliance. Jeff’s clients include health care providers such as hospitals, physician practices, and privately held corporations. He represents clients in transactions involving the provision of professional services to licensed healthcare entities, the formation and transfer of licensed healthcare organizations, and the management of licensed entities by business organizations.

Jeff also advises clients with respect to business planning, growth, succession, and exit strategies; governance, control, and operational issues; and the impact of state and federal legislation, including anti-self-referral, anti-kickback, Medicare and HIPAA.

Read More ›››

Contact Us by EMail

Healthcare Law Firm
Healthcare Law Firm

At Jeffrey P. Greenberg P.A., we understand that physician practices face unique challenges and we have experience in advising those practices on a wide variety of legal matters.

Jeffrey P. Greenberg P.A., is committed to providing a high level of Healthcare Law legal advice and service.

Read More ›››

Corporate Law Firm
Corporate Law Firm

Jeffrey P. Greenberg P.A. corporate law services includes advising on mergers and acquisitions, joint ventures, corporate finance, corporate governance, compliance, and other operational issues.

JPG Law is committed to providing a high level of Corporate Law legal advice and service.

Read More ›››