Anthony D. Mirenda

2 weeks ago | jdsupra.com | David Lazarus |Anthony D. Mirenda |Marissa Mugan

A recent decision from the United States District Court for the District of Columbia continues to give significant deference to the U.S. Department of Health and Human Services’ (HHS) interpretation of the Anti-Kickback and Beneficiary Inducement Statutes, particularly where it involves the evaluation of scientific data within the technical expertise of the HHS and where the HHS’s assessment is predictive – in this case whether providing a financial benefit to patients would improve access to...

2 months ago | jdsupra.com | Caroline Donovan |David Lazarus |Anthony D. Mirenda |Jack SMith |Jack Smith

Key Takeaways: The First Circuit joined the Sixth and Eighth Circuits in holding that for a violation of the Anti-Kickback Statute (AKS) to automatically trigger False Claims Act (FCA) liability, the AKS violation must be the “but-for” cause of the submitted claim. Direct FCA liability for AKS violations in the First Circuit will now require proof that the alleged false claims would not have been paid for by the federal government absent the alleged kickback.