The Anti-Kickback Statute: A Continuing Compliance Challenge
In recent months, the spotlight in the healthcare industry has largely been focused on the Congressional debate regarding healthcare reform, including implementation of federal and state Health Insurance Exchanges and Shared Savings Programs. Despite these ongoing activities directed toward healthcare reform, attention should not be distracted from ensuring compliance with the federal Anti-Kickback Statute (AKS). The AKS, enacted in 1972 and amended on several subsequent occasions, is a not a new development. However, it needs to be considered in conjunction with the ever-changing regulatory and enforcement environment.