Expansion of Anti-Kickback Statute Enforcement

The Anti-Kickback Statute (AKS) has long been a cornerstone of healthcare fraud prevention — but it wasn’t always enforced with the rigor we see today. The expansion of the AKS over time reflects a growing national commitment to ethical healthcare practices.

Originally enacted in 1972, the AKS made it illegal to knowingly offer or receive payment in exchange for patient referrals. For years, enforcement was limited, but as healthcare fraud schemes grew more sophisticated, so did the government’s response.

Throughout the 1990s and 2000s, high-profile settlements involving hospitals and pharmaceutical companies highlighted the pervasiveness of kickbacks — from physician referral bonuses to sham consulting fees. The Affordable Care Act (2010) further strengthened AKS enforcement by clarifying that claims resulting from kickbacks automatically qualify as false claims under the False Claims Act.

Today, the AKS underpins many of the largest healthcare fraud cases in the country. The rise in whistleblower reports and enhanced Office of Inspector General (OIG) oversight has made it one of the most potent tools for protecting patients and ensuring fair competition in the medical industry.