Beginning in 1991, the Office of Inspector General of the U.S. Department of Health and Human Services began promulgating regulatory safe harbors to supplement the statutory exceptions passed by Congress. Safe harbors are designed to protect certain common and salutary commercial arrangements the purpose of which is not to induce referrals in violation of the AKS. The safe harbors place these arrangements beyond the reach of AKS prosecution. The Federal Anti-Kickback Statute and Safe Harbors: A Practical Guide, Second Edition covers all safe harbors currently in place, including investments, office and equipment leases, personal and management services, warranties, discounts and many others. The book also covers the interplay between the AKS and other laws, including the False Claims Act and Stark Law.
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