The anti-kickback statute is a US law prohibiting a business or person from offering money to medical personnel in return for the recommendation of products or services to patients on certain federally covered medical programs, including Medicare/Medicaid. While designed to promote fair marketing, it...
The Stark Law and the Anti-Kickback Statute represent two of the most significant areas of liability for providers and participants in the health care industry. Often times, either or both of these laws can form the basis of a False Claims Act case. The key to avoiding liability is to ...
Healthcare fraud remains a significant concern in the U.S., as demonstrated by recent settlements involving seven individuals and entities accused of violating the Anti-Kickback Statute and the False Claims Act. The Justice Department announced that these parties, including laboratory marketers, physici...
While Vertex is still pending trial in the District Court for the District of Columbia, the District Court for the Southern District of New York ruled against Pfizer, noting that “the law is clear that absent an express carve-out, the Anti-Kickback Statute prohibits any remuneration intended ...
Antikickback Statute:The Antikickback Statute prohibits the provision of remuneration to induce referrals of items and services reimbursed by federal healthcare programs. The statute itself includes a number of exceptions, and the HHS Office of Inspector General (OIG) has promulgated ...
Anti-Kickback Statute January 22, 2025 Second Circuit Joins Other Circuits with AKS One Purpose Test By Michael J. Podberesky, Timothy Fry and Micaela Enger On December 27, 2024, the United States Court of Appeals for the Second Circuit decided United States ex rel. Camburn v. Novartis...
These changes and requirements are discussed in detail in K&L Gates’ White Paper: Value-Based Safe Harbors and Exceptions to the Anti-Kickback Statute and Stark Law. This White Paper is availablehere. K&L Gates’ Health Care practice routinely assists health systems, hospitals,...
Anti-Kickback Statute and Stark Law violations.Cases premised on alleged violations of the AKS and Stark Law remain a driving force in FCA litigation for health care providers. In the last several years, there seems to be renewed interest in Stark Law enforcement, in particular. ...
The Stark Law and the Anti-Kickback Statute represent two of the most significant areas of liability for providers and participants in the health care industry. Often times, either or both of these laws can form the basis of a False Clai... RV Rose - 《Edpacs the Edp Audit Control & Se...
Shortly thereafter, on April 3, 2020, the US Department of Health and Human Services published a policy statement explaining that the agency would exercise its enforcement discretion to not impose sanctions under the Federal Anti-Kickback Statute (AKS) for certain remuneration prote...