Anti-kickback Laws and Violations Term Paper Example | Topics and Well Written Essays - 2750 words

Anti-kickback Laws and Violations - Term Paper Example Anti-kickback laws are laws that are used to protect patients from frauds by the physicians. The patient who is subjected to such abuse usually has a financial alliance with the physician. The financial alliance can either be ownership of property or remuneration of certain goods. Physicians tend to take advantage of the beneficiaries whom they are supposed to offer medical services to decompensate their financial losses. They do this by asking for extra funds or providing poor services to the patients. Statutory laws were made governing the conducts of physicians and the punishment given thereafter (Schachter 2008). Physicians violate the anti-kickback laws due to poor salaries and denial of some insurance companies over the claim of the physician. Here are some of the state laws that control the referral of beneficiaries by physicians. The statute forbids state healthcare providers from deliberately imploring any compensation from the beneficiary for a service offered whose payment is to be made under the state health care program. The Federal Anti-kickback Statute is a purpose-based statute. The Federal Healthcare Program in the United States Government is a program that provides health services and acquires its funds from the government either partly or in whole. Some of the transactions are federal apart from the Federal Anti-kickback Statute (Schachter 2008). The consequences of going against the Federal Anti-Kickback Statute are very brutal which includes fines of up to $25000, imprisonment of up to five years, barring from participating in state healthcare programs and administrative public money fines of up to $50000. In order to avoid violating the stark laws, it is important to understand the definition of some of the terms used in the stark law. This includes understanding which people count as the immediate family and what a financial relationship is, investment