Violations of the AKS can result in substantial criminal penalties. These penalties apply to any party of a business arrangement. The Department of Justice (DOJ) enforces the criminal penalties of the AKS. The criminal penalties include fines of up to $100,000 and ten-years’ imprisonment.
Violations of the AKS may also result in civil penalties. The Office of the Inspector General (the “OIG”), a division of the Department of Health and Human Services (the “HHS”), enforces the civil penalties of the AKS. These civil penalties are adjusted each year for inflation. As of 2019, the civil penalties include fines up to $102,522.00.