In a prior post, we discussed some of the various Federal laws that apply when a ketamine clinic is a Medicare provider (or accepts reimbursement from another Federal program, like Medicaid, the VA, etc.). Click here to review the post. While other Federal laws apply in these situations (e.g., the Stark Law, the Federal False Claims Act, etc.), the Federal anti-kickback statute (“AKS”) is a criminal statute. Thus, extra scrutiny applies in these situations. While many states have an AKS corollary based on state law, they vary tremendously. However, anyone who is contemplating a purchase of a ketamine clinic must review all applicable healthcare laws to ensure prior and future compliance. That is no small feat.

Overview of the AKS

So, what does the AKS say? In relevant part, the AKS provides are follows:

(1)        Whoever knowingly and willfully solicits or receives any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind—

(A)       in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under a Federal health care

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