The United States Court of Appeals for the First Circuit issued a pivotal ruling earlier this week, finding that in order to establish falsity in a False Claims Act (“FCA”) case premised on Anti-Kickback Statute (“AKS”) liability, the kickback must have been the “but-for” cause of the submission of the claim. The court’s decision hinged
Anti-Kickback
OMB Concludes Review of Proposed Rules for Modernizing Physician Self-Referral and Anti-Kickback Regulations
By Troy A. Barsky & Stephanie Willis on
Posted in Fraud, Waste & Abuse, Health Care Reform & ACA
As of October 3, 2019, the Office of Management and Budget completed its review of the proposed rules for “modernizing and clarifying” the Physician Self-Referral Regulations and revising the safe harbors under the Anti-Kickback Statute and rules regarding the Beneficiary Inducement Civil Monetary Penalties Law.
These regulations were the subject of two Requests for Information…