The Health Insurance Portability and Accountability Act of 1996: understanding the anti-kickback laws

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) significantly changed the federal laws prohibiting Medicare fraud and abuse. It helps health care providers by requiring the Secretary of Health and Human Services to issue advisory opinions on transactions that may violate the fraud and abuse laws. But, overall, the changes greatly expand the government's ability to prosecute violations of the fraud and abuse laws. This article provides an overview of the fraud and abuse laws, discusses the changes made by the HIPAA, and concludes by suggesting the need for an effective plan to ensure compliance with these laws.