Federal Laws
Federal statutes also restrict provider activity undertaken to influence or generate Medicare and Medicaid referrals. (“Medicare providers” or Medicare beneficiaries” as discussed hereafter shall also include Medicaid providers and /or beneficiaries,) The three most applicable federal statues are:
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The Anti-Kickback Law [42 U.S. C. § 1320a – 7b(b)]
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The Stark Law [42 U.S.C. § 1395nn]
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The Gifts to Beneficiaries Law [42 U.S.C. § 1320a – 7a(a)(5)]
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