The Medicare anti-kickback statute (42 U.S.C. 1320a-7b(b)) provides a legal basis for maintaining minimum rents within the range of fair market value. The statute proscribes criminal penalties to any person or entity that offers or receives remuneration in order to induce business that is reimbursed by Medicare. The Office of the Inspector General of the Department of Health and Human Services has indicated that below market rents may be considered a payment to induce Medicare referrals. Whereas a range of rental rates can be defended as representing fair market value, minimum rent should be set at a level high enough to avoid exposure to this legislation.