On March 28, 2023, the Sixth Circuit issued an important False Claims Act ("FCA") decision in U.S. ex rel. Shannon Martin, et al. v. Darren Hathaway, et al., No. 22-1463, which (1) adopted a "but-for" causation standard for FCA suits premised on alleged violations of the Anti-Kickback Statute ("AKS"), and (2) narrowly interpreted "remuneration" under the AKS to mean "payments or other transfers of value," as opposed to "anything-of-value" to another. Both holdings rejected Relators' broad interpretation of the AKS, as well the Government's view in a supporting amicus brief. Martin places some limits on the scope of AKS and FCA liability in the Sixth Circuit, and it also contributes to a circuit split on causation that may increase the odds of Supreme Court review of the standard.
The Relators in Martin were Dr. Shannon Martin, an ophthalmologist, and her husband Douglas Martin, an executive at Oaklawn Hospital (the "Hospital"). The defendants were Dr. Darren Hathaway, his ophthalmology practice, South Michigan Ophthalmology, P.C. (the "Ophthalmology Group"), and the Hospital. Dr. Martin worked as an ophthalmologist at the Ophthalmology Group.
For years, the Hospital and the Ophthalmology Group generally sent one another patient referrals. When Hospital patients needed to see an eye doctor, they were referred to the Ophthalmology Group. When Ophthalmology Group patients needed surgery, they were referred to the Hospital.
Dr. Martin alleged that she tried to get...
MANILA, Philippines — The National Bureau of Investigation (NBI) has issued subpoenas to three vloggers who allegedly spread false information regarding the health of President Ferdinand Marcos Jr...