Anti-Kickback Statute

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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

We contributed to the Fraud and Abuse Chapter of the Health Law Handbook, 2024-2025 Edition. In the portion of our content, titled “Healthcare Fraud and Abuse Update,” we outlined regulatory developments, key court decisions and noteworthy settlements related to the Anti-Kickback Statute and Stark Law. Continue Reading Fraud and Abuse Chapter of Health Law Handbook, 2024-2025 Edition

Halfway through 2024, the government’s False Claims Act (FCA) enforcement efforts show few signs of letting up.  Last month alone, the Department of Justice (DOJ) announced at least five eight-figure FCA settlements, resolving allegations ranging from unlawful kickbacks to upcoding to improper subcontracting to cybersecurity violations. Continue Reading False Claims Act Settlements to Know from Q2 2024

Last week, the Department of Justice (DOJ) announced a $12 million settlement with spinal device manufacturer, Innovasis Inc. (Innovasis) and senior executives Brent Felix and Garth Felix related to allegations that they violated the False Claims Act (FCA) by paying kickbacks to surgeons to induce their use of its spinal devices. Continue Reading The Tale of an AKS Self-Disclosure

On May 2, the U.S. Court of Appeals for the Seventh Circuit affirmed a False Claims Act (FCA) trial verdict in part, holding that the judgment was not constitutionally excessive under the Eighth Amendment. Continue Reading Seventh Circuit Upholds FCA Judgment Against Constitutional Challenge, Avoids Causation Circuit Split

Despite the recent downward trend in DOJ healthcare industry settlements, the first quarter of 2024 saw many noteworthy False Claims Act (FCA) and civil healthcare fraud settlements related to alleged kickbacks, medically unnecessary services and equipment, pharmaceutical issues and Controlled Substances Act violations.Continue Reading False Claims Act Settlements to Know from Q1 2024

Bass, Berry & Sims released its 12th Annual Healthcare Fraud & Abuse Review on February 26, 2024. As a companion to the Review, we hosted a complimentary webinar which provided an overview and discussion of key focus areas covered in the Review. We are pleased to offer an encore presentation of this webinar on April 25, 2024.Continue Reading Register Now | Healthcare Fraud & Abuse Annual Review Webinar Replay

In 2023, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) offered the industry new and updated guidance tools and a late flurry of advisory opinions. Join us for a webinar in which we will provide a high-level overview of 2023’s most significant and helpful guidance documents.Continue Reading Register Now | HHS-OIG Year in Review Webinar Replay

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

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