Standing alone, the AKS would make it extremely difficult for anyone in the health care field to do business in the realm of federal health care programs. Fortunately, the Code of Federal Regulations provides for Safe Harbors. Safe Harbors allow for certain conduct that is otherwise prohibited by the AKS if certain conditions are met.
There are many Safe Harbors. Examples of common Safe Harbors include arrangements regarding the rent of office space or equipment, bona fide employment relationships, and certain types of service agreements. Each Safe Harbor has multiple elements. Every single element must be met to qualify for Safe Harbor protection. Even if only one element is not satisfied, an individual can be exposed to AKS enforcement and penalties. As such, Safe Harbors are the most complicated facet of the AKS. Therefore, it is essential for providers to retain the services of an experienced health care compliance attorney.