Anti-Kickback Statute

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With the first half of 2025 in the rearview mirror, the government’s continued focus on False Claims Act (FCA) enforcement shows no signs of slowing. In fact, the Department of Justice recently announced the results of a record-setting National Health Care Fraud Takedown, which resulted in criminal charges against 324 defendants for alleged healthcare fraud schemes involving over $14.6 billion.Continue Reading False Claims Act Settlements to Know from the First Half of 2025

The False Claims Act (FCA) remains one of the government’s most powerful tools in combating healthcare fraud, with a growing focus on opioid-related cases and violations of the Anti-Kickback Statute. Continue Reading False Claims Act Enforcement in Healthcare: Insights from the 13th Annual Fraud & Abuse Review

Our 13th annual Healthcare Fraud & Abuse Review, compiled by the Bass, Berry & Sims Healthcare Fraud & Abuse Task Force, is now available, providing an in-depth look at the key enforcement trends, legal decisions, and settlements shaping the healthcare industry in 2024.Continue Reading Download Now – 13th Annual Healthcare Fraud & Abuse Review

Bass, Berry & Sims will release its 13th Annual Healthcare Fraud & Abuse Review the first week of March. As a companion to the Review, we will host a complimentary webinar on Thursday, March 20 from 11:00 a.m. – 1:00 p.m. CT, which will provide an overview and discussion of key focus areas covered in the Review. Continue Reading Register Now | Healthcare Fraud & Abuse Annual Review Webinar

In a closely watched appeal, the U.S. Court of Appeals for the First Circuit ruled on February 18 that to satisfy the causation requirement in False Claims Act (FCA) actions based on alleged Anti-Kickback Statute (AKS) violations, the government or relator must prove that the alleged kickbacks were the “but-for” cause of the defendant’s allegedly false claims. The First Circuit joins the Sixth and Eighth Circuits in adopting this defendant-favorable standard, with only the Third Circuit requiring a less-stringent showing.Continue Reading First Circuit Adopts “But-For” Causation Standard for Proving Kickback FCA Violations

In 2024, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) provided useful insights to the healthcare industry regarding how it approaches various fraud and abuse issues in an increasingly complex healthcare environment. Continue Reading HHS-OIG Year in Review 2024

Join us for the 10th Annual Nashville Healthcare Fraud Conference, hosted by Bass, Berry & Sims and the Tennessee Hospital Association. This highly anticipated, complimentary virtual program will take place during the mornings of December 12 and 13 and is approved for 7.75 hours of CLE credit, including ethics.Continue Reading Register Now: 10th Annual Nashville Healthcare Fraud Conference | December 12-13

We recently authored an article for The Federal Lawyer exploring the causation standard under the Anti-Kickback Statute (AKS) and the increasing difference between the circuit courts’ interpretation of this standard. “At its core, the question is whether evidence of kickbacks sullies the entirety of the claims related to that transgressor, or whether the government must demonstrate more,” we explained.Continue Reading Growing Divide for Causation Standard Under the Anti-Kickback Statute

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

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