Healthcare Fraud and Abuse

The False Claims Act and the Anti-Kickback Statute: Causation, Materiality, and the Connection Between the Two

Violations of the federal Anti-Kickback Statute (the “AKS”)[1] have long served as a basis for liability under the federal False Claims Act (the “FCA”).[2]  Recently, however, there has been increasing uncertainty regarding how far a violation of the AKS sweeps to render claims “false” under the FCA.  Courts are currently at odds with each other...