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Anti-Kickback Statute penalties

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The Anti-Kickback Statute is a criminal statute, but it provides both criminal and civil penalties for violations. The criminal penalties include fines of up to $25,000 and five years imprisonment. Besides, the Office of the Inspector General (OIG) for the Department of Health and Human Services (HHS) can pursue civil penalties of up to $50,000 per violation, plus three times the amount of any government overpayment. Notably, these penalties can be imposed on both parties involved in the illegal kickback arrangement—i.e., the party receiving the kickback and the party making the kickback—upon a showing that the violation was “knowing and willful.” Penalties for Anti-Kickback violations also frequently include a period of debarment or exclusion from participation in Medicare, Medicaid, and all other federal plans and programs that provide health benefits.