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Exploring Limits Of Anti-Kickback Law Employee Safe Harbor

Law360 (March 5, 2018, 1:00 PM EST) -- The federal Anti-Kickback Statute contains a statutory exception or “safe harbor” providing that the AKS will not apply to “any amount paid by an employer to an employee (who has a bona fide employment relationship with such employer) for employment in the provision of covered items or services.” 42 U.S.C. 1320a-7b(b)(3)(B) (emphasis added). Similarly, the parallel regulatory exception states that prohibited remuneration under the AKS “does not include any amount paid by an employer to an employee, who has a bona fide employment relationship with the...
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