Under the Anti-Kickback Statute, what triggers a criminal offense?

• A. Prohibits exchanging anything of value for referrals payable by a federal program, requiring malicious intent.
• B. Permits cash incentives for referrals if not excessive
• C. Only applies to cash payments
• D. Not enforceable for state-funded programs

Answer: (A)

The key idea here is that the Anti-Kickback Statute criminalizes offering, paying, soliciting, or receiving anything of value in exchange for referrals for items or services that are reimbursed by a federal health care program. The offense hinges on the act being done knowingly or willfully with the intent to induce or reward such referrals. It doesn’t have to be cash; any value exchanged for referrals—goods, services, trips, etc.—can trigger liability if those referrals are connected to federal program payments. The rule applies to arrangements involving federal programs like Medicare and Medicaid, and it also covers state programs that are funded with federal dollars.

Why the other ideas don’t fit: the statute does not allow incentives for referrals (even if you claim they’re not excessive); it covers more than just cash payments; and it does apply where federal funds are involved, including programs that are state-funded but rely on federal support.