Anti-Kickback Safe Harbor

Any amount paid to an employee, who has a bona fide employment relationship, for employment in the furnishing of any item or service.

 

Employment status is determined by courts under common law agency rules involving many factors including the right to control and direct the individual who performs the services, not only as to what shall be done but how it shall be done.

5. Employees

Sources: 42 U.S.C. § 1320a-7b(b)(3)(B) and 42 C.F.R. § 1001.952(i)