Results-Based Contracting: The Need to Reconsider the Anti-Kickback Statute

Despite the promising benefits of results-based contracts (RBCs) (also called value-based contracts), uptake has been hindered by a range of barriers, including a lack of clarity in the Anti-Kickback Statute (AKS). The AKS is a federal law that prohibits the offering of anything of value with the intent to induce the purchase of items or services paid for by federal health care programs. The terms of the statute are broad, which can cause hesitation for biopharmaceutical companies and plans interested in pursuing these results-based contracts.