Can Healthcare Provider Employers Pay Employees Bonuses Under the AKS?

A $20M lawsuit filed in Florida against the AIDS Healthcare Foundation raises questions about whether healthcare employers can bonus their employees for generating business (marketing) under the anti-kickback statute.  Several whistleblower employees claim that the company inappropriately incentivized/bonused employees for patient referrals.  Employees were allegedly paid $100 for referring patients who tested positive to the company’s clinics and pharmacies.  The company asserts that not only has it done nothing wrong, but that its pro-active approach is critical to stopping HIV in this country.  The government has not intervened in the suit.  See the Associated Press article available HERE for more details.


Written by: Emily Grey

Grey, Emily headshot


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