Free Consultation
1.800.712.8462
MENU
Open/Close Menu A Boutique Florida law firm dedicated to our client's success
|Healthcare Law
Legally Reviewed by:
David Di Pietro

Di Pietro Partner's goal is to advocate for you when you need our help. Our team of experienced legal and medical professionals are dedicated to providing high quality informative content. The information on this page and other areas on the website is routinely fact checked, updated, and approved by our team of licensed attorneys and professional editors. If you find any errors, feel free to let us know and we will review the information immediately.

Anti-kickback statutes protect patients from corrupt medical decisions. Laws ensure medical professionals base all care on necessary treatment, not financial gain. In other words, medical professionals may not receive “kickbacks” from any source. A “kickback” is a monetary gain. Examples may include: referrals, prescriptions, testing, or rental discounts. Basically, a healthcare provider must provide care out of medical necessity. In fact, federal and Florida State laws ensure patients remain protected from healthcare decisions based on financial greed.

Federal Anti-Kickback Statute

The Federal Anti-Kickback Statute (AKS): 42 U.S.C. 1320a-7b (b) protects patients. This legislation prohibits healthcare providers from accepting any form of financial incentive, or kickback, for patients participating in federal healthcare programs. Federal programs include Medicare and Medicaid. Violations of AKS may result in serious civil or criminal penalties. Violators may be fined up to $100,000 per kickback, along with three times the amount of the monies received per kickback. Additionally, offenders may receive up to 10 years in prison for each offense. Finally, any person or organization convicted of violating AKS may face exclusion from participating in any future federal programs. In other words, the healthcare provider loses the ability to see any patient using Medicare, or Medicaid. As a result, if you are accused of violating AKS, contact an experienced attorney immediately.

Florida Statutes Regarding Kickbacks

In addition to following AKS, Florida has numerous laws regarding healthcare kickbacks including:

  • Florida Patient Brokering Act (Florida Statute 817.505) This statute makes it illegal to solicit or receive a commission, benefit, bonus, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, in return for referring a patient or patronage to or from a healthcare provider or healthcare facility. A violation of this statute may be a first degree felony and may include prison, fines, or exclusion from state healthcare programs.
  • Florida Anti-Kickback Statute (456.054) this statute is similar to AKS. However, the Federal Legislation applies to federal programs such as Medicare and Medicaid. The Florida Statute includes federal programs and goes further. The Florida Anti-Kickback Statute is not restricted to federal programs. In other words, the law applies to all patients and defines kickbacks as: remuneration or payment, by or on behalf of a provider of healthcare services or items, to any person as an incentive or inducement to refer patients… An experienced healthcare attorney understands the consequences of violating this statute. Therefore, it remains important to contact an attorney before establishing any business relationships if you work in the healthcare industry. Also, hire an attorney if you are charged with violating this statute.
  • Rebate Statutes: Healthcare providers may not receive rebates for referrals. Examples include: nursing homes, pharmacies, hospitals, mobile surgical facilities, rehabilitation centers, drug treatment facilities, medical equipment companies and many more. In other words, one practice may not receive monetary incentive from another for a referral. Of course, your doctor may refer you for necessary care. A crime occurs if your doctor, or any healthcare provider receives a rebate (kickback) when referring you for a particular service or product.
  • Medicaid Provider Fraud Statute (409.920) this covers fraud within the Medicaid program. Similar to AKS, Florida Law makes it illegal to receive kickbacks within the Medicaid program. Violators may be charged on a federal and state level. Civil and criminal charges may result. So, contact an experienced healthcare attorney if you are charged with this offense.

Necessary Steps When Accused of Violating Anti-Kickback Statutes

If you are accused of violating federal or state anti-kickback statutes, you should take the following steps:

  1. Contact an experienced healthcare attorney. Do not discuss the matter with anyone but an experienced healthcare attorney that understands Florida’s complicated anti-kickback statutes.
  2. Gather evidence. Collect all documents related to your case. This includes financial statements, healthcare records, contracts, communications, and any other pertinent information.
  3. Contact your accountant or business partners after talking to your attorney.
  4. Cooperate with authorities with your attorney present.

Anti-kickback statutes play an important role in our healthcare system. That being said, if you suspect violations of these statutes, or you are accused of violating a statute, contact an experienced healthcare attorney immediately.

Copyright © 2025 | All Rights Reserved | Privacy Policy | Legal Disclaimer | Terms & Conditions | Sitemap
Website Powered by: Borealis Digital Marketing