Kickbacks Law and Legal Definition
The Anti-Kickback Statute is a federal law which prohibits health care providers and suppliers from giving or receiving "remuneration" in exchange for the referral of patients or services covered by most federal health programs, such as Medicare and Medicaid. A violation involves "knowingly and willfully" offering, paying, soliciting or receiving prohibited remuneration. Remuneration not only includes cash payments for referrals, but also other benefits, such as loan forgiveness, gifts, discount leases and other acts
Kickback in construction law means any money, fee commission, credit, gift, gratuity, thing of value or compensation of any kind that is provided directly or indirectly to any prime contractor, prime contractor employee, subcontractor or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.
In real estate law, the federal Real Estate Settlement Procedures Act (RESPA) statute prohibits the giving or receiving of any fee, kickback or other thing of value for the referral of a “settlement service”. To prove a violtion, it must be shown that there was 1) an agreement between the parties to refer settlement service business, 2) the transfer of a thing of value, and 3) the referral of settlement service business.
