Posted: September 4th, 2022

ANTI KICKBACK

1. Payments for referrals are common in most industries. Why is the health care industry treated differently? Should it be treated differently?

2. What was the policy reason for the Affordable Care Act amendment of the AKS to overrule the 
Hanlester decision?

3. List some of the hallmarks of legitimate business arrangements. Why are these commonly seen in AKS safe harbors?

4. A supermarket proposes to expand its current loyalty program to allow its customers to earn reward points on out-of-pocket costs paid in connect with pharmacy purchases, which could then be applied for discounts on future pharmacy purchases. Based on your knowledge thus far, does this arrangement implicated the AKS? Why or why not.

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