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Federal Health Care Program

Federal Health Care Program

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The Anti-Kickback Statute applies to federal health care programs, which are defined as:

(f) “Federal health care program” defined
 For purposes of this section, the term “Federal health care program” means—
  (1) any plan or program that provides health benefits, whether directly, through insurance, or otherwise, which is funded directly, in whole or in part, by the United States Government (other than the health insurance program under chapter 89 of title 5); or
  (2) any State health care program, as defined in section 1320a–7(h) of this title.

42 U.S.C. § 1320a-7b(f)

There is no explicit list maintained by OIG of what programs it considers to meet this definition, instead choosing to let the words speak for themselves.

There is an instructive list in 42 U.S.C. § 14402(d) that lists several directly-funded federal health care programs, but there is no guarantee that OIG would necessarily consider them to meet the AKS definition of "federal health care program".