Anti-Kickback Statute (AKS)
Anti-Kickback Statute
Federal criminal statute (42 USC 1320a-7b(b)) that prohibits offering, paying, soliciting, or receiving remuneration to induce or reward referrals for items or services payable by federal health programs.
1 min read · Last reviewed May 23, 2026
At a glance
- Category
- Compliance Program
- Acronym for
- Anti-Kickback Statute
- Primary sources
- 1
- Workspace handoff
- compliance binder →
Where this comes up
Compliance committees and practice managers operate at this level — written policy, workforce training, sanction policy, monitoring and auditing cadence, response and corrective action. The seven elements of an effective compliance program (OIG) are the scaffolding; this term lives somewhere on that scaffold.
Full definition
What it is in practice
The HHS-OIG AKS Safe Harbors describe arrangements that are immune from prosecution. The AKS requires intent — proof that at least one purpose was to induce referrals.
How it shows up in your practice
Vet medical-director agreements, space rentals, equipment leases, and professional services contracts against safe harbors. Document the FMV analysis.
Sources
- HHS-OIG — AKS Safe Harborshttps://oig.hhs.gov/compliance/safe-harbor-regulations/index.asp
Document AKS analysis in the Compliance Binder
Open compliance binder →Related terms
- Compliance ProgramStark LawFederal statute (42 USC 1395nn) prohibiting physicians from referring Medicare/Medicaid patients for designated health services to entities with which the physician has a financial relationship, unless an exception applies.
- Compliance ProgramFalse Claims ActFederal statute (31 USC 3729-3733) that imposes liability on persons and companies who defraud federal programs.
- Compliance ProgramFMV (Fair Market Value)Compensation, rent, or payment terms that reflect what would be paid in an arm's-length transaction.
- Compliance ProgramCivil Monetary PenaltiesAdministrative penalties HHS-OIG may impose on healthcare providers for various violations including HIPAA breaches, kickbacks, and billing for excluded individuals.
- Compliance ProgramOIG Compliance ProgramVoluntary compliance program structure recommended by HHS-OIG for physician practices.
D3rx is a healthcare-billing and compliance research aid maintained by D3rx Inc. Articles are drafted by an LLM (Anthropic Claude) against primary HHS, OCR, CMS, eCFR, NIST, and state-regulator publications, and reviewed for restraint and source fidelity by the D3rx team.
Reviewer status: a named credentialed reviewer (CHC, CHPC, or healthcare attorney) is being engaged. Until that engagement is finalized, this page does not claim credentialed review.
Related across the archive
- GlossaryCivil Monetary PenaltiesAdministrative penalties HHS-OIG may impose on healthcare providers for various violations including HIPAA breaches, kickbacks, and billing for excluded individuals.
- GlossaryFMV (Fair Market Value)Compensation, rent, or payment terms that reflect what would be paid in an arm's-length transaction.
- GlossaryFalse Claims ActFederal statute (31 USC 3729-3733) that imposes liability on persons and companies who defraud federal programs.
- GlossaryOIG Compliance ProgramVoluntary compliance program structure recommended by HHS-OIG for physician practices.
- GlossaryStark LawFederal statute (42 USC 1395nn) prohibiting physicians from referring Medicare/Medicaid patients for designated health services to entities with which the physician has a financial relationship, unless an exception applies.
- RegulationAnti-Kickback Safe Harbors Overview (42 CFR 1001.952)Approximately 30 safe harbors define payment and business practices that, despite generating remuneration, do not result in AKS liability when all conditions are met.
- BillingWhat to Do When a Payer Says You're UnderbillingGot a letter saying you're underbilling? Here's what it actually means, whether you should worry, and what action to take.
- ComplianceAmbulatory Surgery Center Compliance: CMS + State + Infection Control42 CFR Part 416 Conditions for Coverage, CMS State Operations Manual Appendix L, the ASC Infection Control Surveyor Worksheet, and where state ASC licensure tightens the standard.
This glossary entry is a research aid for billing and compliance staff. It does not provide legal, medical, or financial advice and does not replace counsel. References cited link to primary sources at HHS, OCR, CMS, eCFR, NIST, and the relevant payer or industry body.