Supreme Court Denies Cert on Anti-Kickback Statute “Willfulness” Case
This Bulletin is brought to you by AHLA’s Fraud and Abuse Practice Group.
- October 14, 2024
- Michael A. Goldsticker , Parker Poe
- Jonathan A. Porter , Husch Blackwell LLP
While much of the health care enforcement world has been focused on the potential for qui tam constitutionality to make its way through the appellate system, the United States Supreme Court recently made a big decision that impacts health care providers right now. On October 7, 2024, the Justices denied review of a Second Circuit decision holding that, to act “willfully” under the Anti-Kickback Statute (AKS), a defendant must have known its conduct was in some way unlawful.
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