Under the Anti-Kickback Statute, who is liable in a kickback arrangement?

The Anti-Kickback Statute is designed to prevent fraudulent and abusive financial arrangements in healthcare by prohibiting the exchange of remuneration for referrals of services or products that are covered by federal healthcare programs. Under this statute, both the payer and the recipient of the kickback can be held liable, which is why the correct answer includes both parties involved in the arrangement.

This liability extends to any individuals or entities that knowingly participate in such unlawful arrangements. It is essential for all parties to understand that engaging in or accepting kickbacks not only violates the law but can also jeopardize patient care and undermine the integrity of the healthcare system.

Other choices suggest limited liability to only one party or none at all which overlooks the comprehensive nature of the statute that holds both the payer and the recipient accountable for participating in the kickback arrangement. This dual liability is a critical aspect of enforcing compliance and discouraging unethical practices in healthcare.