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The Stark Act, 42 U.S.C. Â§ 1395nn, is a piece of legislation that was enacted to combat kickbacks to physicians for the referral of lab tests. Elsenety v. Health Care Fin. Admin., 85 Fed. Appx. 405, 409 (6th Cir. 2003).
Although the Stark Act and the Anti-kickback statute operate in the civil and criminal arenas respectively, the statutes share the common objective of ensuring quality health care through the prevention of illegal referrals and hence are complementary in nature.irstly, the anti-kickback statute is a criminal statute prohibiting any willful solicitation or acceptance of any type of remuneration to induce referrals for health services that are reimbursable by the Federal government.