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Expert Analysis

A New Tool For Assessing Kickback Risks In Health Marketing

By Elisha Kobre ( April 30, 2025, 5:39 PM EDT) -- A frequently recurring question under the federal Anti-Kickback Statute concerns when payments by healthcare providers to marketers or advertisers cross the line from legal marketing or advertising activities into unlawful referral payments — i.e., payments prohibited by the AKS because they are made to induce a person to refer an individual for items or services for which payment may be made under a federal healthcare program....

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