Mass. Gen. Laws » Part I Title XVII Chapter 118E
Massachusetts General Laws

Mass. Gen. Laws ch. 118E, § 41 (2026)

Bribery or rebates; penalty

✓ current as of July 2026
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Section 41. Whoever solicits or receives any remuneration, including any bribe or rebate, directly or indirectly, overtly or covertly, in cash or in kind in return for purchasing, leasing, ordering or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under this chapter, or whoever offers or pays any remuneration, including any bribe or rebate, directly or indirectly, overtly or covertly, in cash or in kind to induce such person to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under this chapter shall be punished by a fine of not more than ten thousand dollars, or by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years, or by both such fine and imprisonment.

This section shall not apply to a discount or other reduction in price obtained by a provider of services or other entity under this chapter if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under this chapter or to any amount paid by an employer to an employee, who has a bona fide employment relationship with such employer, for employment in the provision of covered items or services.

Notes of Decisions
Cited in 6 cases, 1998–2019 · leading case: Massachusetts v. Mylan Labs., 357 F. Supp. 2d 314 (D. Mass. 2005).
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Massachusetts v. Mylan Labs., 357 F. Supp. 2d 314 (D. Mass. 2005). · cites it 2× “In their reply brief, Defendants argue that the anti-kickback provision, Mass. Gen. Laws Ann. ch. 118E, § 41, is preempted.”
Preventive Med. Assocs., Inc. v. Commonwealth, 992 N.E.2d 257 (Mass. 2013). · cites it 3× “118E, § 40; and eight counts of violating the Medicaid antikickback statute, *813 G. L. c. 118E, § 41, 5 6 7 see note 2, supra.”
New York v. Amgen Inc., 652 F.3d 103 (1st Cir. 2011). “Mass. Gen. Laws ch. 118E, § 41. Violations are punishable by “a fine of not more than ten thousand dollars,” and/or “imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years.”
Commonwealth v. Kobrin, 893 N.E.2d 384 (Mass. App. Ct. 2008). “118E, § 40 (Medicaid fraud for ordering psychological tests for patients denoted A, B, C, D, and G, as well as three undercover State troopers who posed as drug-seeking individuals); twenty-six counts of violating G. L. c. 118E, § 41 (Medicaid fraud for kickbacks from tenant…”
Commonwealth v. Coughlin, 123 N.E.3d 802 (Mass. App. Ct. 2019). · cites it 6× “Following a jury trial in the Superior Court, the defendant was convicted of violating G. L. c. 118E, § 41, the Commonwealth's Medicaid antikickback statute.”
Boman v. Se. Med. Servs. Grp., 8 Mass. L. Rptr. 312 (Mass. Super. Ct. 1998). · cites it 2× “175H, §3 and G.L.c. 118E, §41. 3 Little case law or guidance exists concerning the applicability of these statutes.”
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