Archive
Anti-Kickback Statute
Pharmacy Owner Sentenced for Paying Illegal Kickbacks and Engaging in a Money Laundering Conspiracy
Summary of press release from United States Department of Justice: A Texas pharmacy owner was sentenced today to four years and four months in prison and…
Oklahoma Chiropractic Clinic, Owner, and Referring Physicians Pay $465,000 to Settle Federal False Claims Act and Kickback Allegations
From United States Department of Justice: Chiropractic Associates and Dr. Scott Kirkpatrick paid $365,000 to settle allegations of wrongfully paying physicians to induce referrals of durable…
Houston Dental Clinic Operator Convicted in $6M Pediatric Fraud Scheme
From Press Release, United States Attorney’s Office, Southern District of Texas: Rene Gaviola, operator of Floss Family Dental Care clinic in Houston, admitted to submitting fraudulent…
HHS-OIG Determines Consultant’s Gift Cards Given to Physicians Recommending Services Do Not Implicate Anti-Kickback Statute
From Barnes & Thornburg, by Jason D. Schultz and Mary Elizabth “Lizzy” Ford: The U.S. Department of Health and Human Services’ Office of Inspector General (HHS-OIG)…
OIG Approves Hospital’s Redemption Offer to Retiring Physician-Owners
From Bass, Berry & Sims, PLC, by Justin Brown, Krista Cooper, Ashley Gholston Fowler, Travis Lloyd: The U.S. Department of Health and Human Services Office of…
The Growing Causal Divide: But-For Causation in AKS/FCA Actions
From McGuireWoods, by Renee Kumon, Timothy Fry and Brett Barnett: The District of Massachusetts Court recently joined the Sixth and Eighth Circuits in requiring the government…
Advisory Opinion 23-7 OIG Issues Favorable Opinion Regarding Proposal to Pay Bonuses to Its Employed Physicians Based on Net Profits
From Health Law Diagnosis, by Nathaniel Arden & Michael Lisitano: On October 13, 2023, the Office of Inspector General (OIG) published Advisory Opinion 23-07, in which…
Labs Take Note New OIG Opinion Highlights That Fair Market Value Per Test Payments Can Still Violate the Anti-Kickback Statute Publications
From Bass, Berry & Sims, by Jennifer E. Michael & Danielle M. Sloane: The U.S. Department of Health and Human Services Office of Inspector General (OIG)…
Federal Judge Rules Government Must Demonstrate “But-For” Causation for Anti-Kickback Statute Claims
From ArentFox Schiff LLP, by D. Jacques Smith , Randall A. Brater , Michael F. Dearington , Nadia Patel , Heather M. Zimmer: Chief Judge Dennis…
U.S. Supreme Court Declines to Clarify Key Provisions of the False Claims and Anti-kickback Statutes
From Stevens & Lee, by Charles Honart: The Supreme Court declined to resolve a circuit court split on the issue of causation, to wit, when a…