The law, codified at 42 U.S. Code § 1320a–7b(b),[2] imposes criminal and, particularly in association with the federal False Claims Act, civil liability on those who knowingly and willfully offer, solicit, receive, or pay any form of remuneration in exchange for the referral of services or products covered by any federal healthcare program (e.g., the referral of a Medicare patient for an MRI), subject to certain narrow exceptions.
The statute is among the most important healthcare fraud and abuse laws in the United States.
[6] The illegal remuneration covered by the AKS includes "anything of value" and is therefore not limited to cash.
[4] Thus, the sorts remuneration barred by the AKS may be, for example, in the form of consulting fees, gifts (e.g., sports tickets), discounted rent, research grants, and bonuses.
[2] Given this interplay between the AKS and the False Claims Act, violations of the AKS have formed the basis of a great number of high value civil recoveries in favor of the federal government (and whistleblowers) under the False Claims Act.