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The 1987 "Anti-Kickback Statute" (MMPPA) prohibits giving of or receiving compensation in exchange for referrals for Medicare or Medicaid services or goods. Why is it fraudulent and subject to a charge of criminal conspiracy to pay referral sources from Medicare and Medicaid reimbursement? Does payment or receipt for referrals constitute "obtaining property from more than one source by fraudulent pretense," or is it billing for services not rendered, or falsifying information or misrepresentation? Does it make a difference if either the referring source or the referral receiver has a financial ownership or interest in the other's entity?

Reference no: EM133155380

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