What is the difference between Stark Law and Anti-Kickback Statute?

What is the difference between Stark Law and Anti-Kickback Statute? They are two federal laws that prohibit certain financial arrangements between healthcare providers and entities that refer patients to them.

The Stark Law prohibits physicians from referring Medicare or Medicaid patients to entities with which they have a financial relationship, while the Anti-Kickback Statute prohibits any person from knowingly and willfully offering, paying, soliciting, or receiving any remuneration to induce or reward referrals of items or services reimbursable by a federal health care program.

Stark Law is more specific, as it only applies to Medicare and Medicaid referrals. The Anti-Kickback Statute, on the other hand, applies to all federal healthcare programs, including Medicare, Medicaid, and TRICARE. The Stark Law is enforced by the Centers for Medicare and Medicaid Services (CMS), while the other is enforced by the Office of Inspector General (OIG) of the Department of Health and Human Services (HHS).

Penalties for violating them can be severe. For example, a physician who violates the Stark Law could be excluded from participating in Medicare or Medicaid. A person who violates the Anti-Kickback Statute could be fined up to $25,000 per violation, imprisoned for up to five years, or both. It is important for healthcare providers to understand the Stark Law and the Anti-Kickback Statute and to comply with these laws. Failure to comply with these laws could result in significant penalties.

Here is a table that summarizes the key differences between the two:

If you have any questions about the Stark Law or the Anti-Kickback Statute, you should consult with an attorney who specializes in healthcare law.

Written by: https://bard.google.com/
1. healthsciencelawgroup.com/massive-anti-kickback-false-claims-and-fcpa-settlements-for-life-sciences-companies/
2. www.frierlevitt.com/articles/service/healthcarelaw/oig-advisory-opinion-allows-clinical-trial-sponsor-subsidize-copayments/

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