Though the Anti-Kickback Statute is federal law, it plays out differently from state to state.
Three things to know, according to a June 13 post from JD Supra:
1. Maine is the only state or jurisdiction that does not have any healthcare anti-kickback laws, according to the "State Health Care Anti-Kickback Analogues" survey from law firm Lowenstein Sandler.
2. Thirty-five states and jurisdictions forbid kickbacks and similar actions in healthcare even if the goods or services are reimbursable only by private health insurance and do not involve public money.
3. Analysis of an anti-kickback exposure requires separate consideration of state laws.