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Policy on Relevant Health Care Laws <br /> I. INTRODUCTION <br /> There are several federal and state fraud and abuse laws which govern the health care industry. <br /> The following federal laws are particularly applicable: <br /> 1. The Federal Anti-kickback Statute; <br /> 2. The Federal False Claims Statute; <br /> 3. The Program Fraud Civil Remedies Act; <br /> 4. State False Claims Acts; and <br /> 5. The Health Insurance Portability and Accountability Act of 1996/HITEC act of 2009 <br /> The policies included in Part II of NSMT's Ethics & Compliance Program have been developed in <br /> light of these specific health care laws and regulations. <br /> Each law is discussed briefly below. If you have any questions, you should consult your immediate <br /> supervisor,NSMT's Compliance Officer. <br /> 1 <br /> II. ANTI-KICKBACK STATUTE <br /> A. Overview <br /> The Federal health care program Anti-kickback Statute(the "Anti-kickback Statute"), (42 U.S.C. <br /> § 1320a-7b), imposes criminal penalties on individuals and entities that knowingly and willfully <br /> solicit or receive remuneration "in return for referring an individual to a person for the furnishing <br /> or arranging for the furnishing of any item or service" or "in return for purchasing, leasing, <br /> ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, <br /> service, or item for which payment may be made in whole or in part under. . ." a Federal health <br /> care program. <br /> 1. Prohibited Inducements <br /> The Anti-kickback Statute prohibits a person from knowingly and willfully offering or <br /> paying remuneration to any person to induce that person to refer or purchase, lease, order or <br /> arrange for or recommend the purchasing, leasing or ordering of items or services for which <br /> payment may be made by a Federal health care program. <br /> 2. Remuneration <br /> The types of remuneration prohibited by the Anti-kickback Statute include, but are not <br /> limited to,kickbacks,bribes and rebates. Additionally,the Anti-kickback Statute expressly <br /> prohibits both "direct" and "indirect" remuneration. <br /> 17 <br />