The Anti-Kickback Statute is a criminal law that prohibits the knowing and willful payment of “remuneration” to induce or reward patient referrals or the generation of business involving any item or service payable by the Federal health care programs (e.g., drugs, supplies, or health care services for Medicare or Medicaid patients).

But what does this statute have to do with records management? Well, the Office of Inspector General (OIG) has broad authority to exclude a healthcare organization from participating in federal healthcare programs (e.g. Medicare, Medicaid). Although exclusions commonly arise from violations of the False Claims Act and Anti-Kickback Statute, there are many other violations that could lead to a permissive exclusion. For instance, the OIG can request immediate access to inspect and copy certain records, and can exclude a healthcare entity for failure to produce the demanded records.[1]