Fault Lines Expected to Deepen: Major False Claims Act Circuit Split
This Bulletin is brought to you by AHLA’s Fraud and Abuse Practice Group.
- September 11, 2024
- Matthew J. Westbrook , Proskauer Rose LLP
- Vinay Kohli , Proskauer Rose LLP
The health care industry is anxiously awaiting the First Circuit’s ruling on the standard of causation for actions brought under the False Claims Act (FCA) predicated on a federal Anti-Kickback Statute (AKS) violation. The First Circuit will decide whether the FCA “result[s] from” a kickback if that claim would not have included the items or services payable by a federal health care program (FHCP) “but-for” such kickback.
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