We were each quoted in a Law360 article examining the status of the Anti-Kickback Statute (AKS) on the 50th anniversary of the law's passing, and offered our perspective, informed by both our practices advising healthcare providers on AKS issues and our experience as government attorneys dealing with AKS issues, on the legal challenges and disputes among the courts on how to apply the AKS and the current state of the enforcement environment encountered by healthcare providers as it relates specifically to AKS issues.
The AKS was passed in 1972 and prohibits kickbacks in connection with federal healthcare programs. This article was the final installment in the Law360 series about the past, present and future of the AKS.
"There is a real battle going on right now," Matt told Law360."The defense bar certainly believes that the AKS has been stretched beyond recognition with some of the theories of liability we are seeing." He added that "AKS issues are really hot right now" and noted that kickback cases have surpassed False Claims Act (FCA) lawsuits alleging other sorts of fraud schemes. When explaining this shift, Matt said "These cases are attractive from a plaintiff'' perspective because the concept of a kickback or bribery typically is more readily explainable to a court or jury" than FCA cases involving other theories of liability such as false claims associated with medically unnecessary services. Matt is co-chair of the firm's Healthcare Fraud Task force, which...
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