Fraud, Abuse, and Compliance
The healthcare industry involves a complex and ever-changing regulatory environment. Our lawyers regularly analyze and advise clients on fraud and abuse implications in existing and proposed arrangements under federal and state kickback and self-referral laws. We have extensive experience in representing providers when making self-disclosures or repayments. In addition, we advise clients regarding internal and external operations issues, structure transactions, and assess and revise providers’ compliance and audit functions. Our lawyers publish on emerging trends and issues and frequently speak to national audiences at healthcare and compliance events.
The Sixth Circuit deepened the divide between courts regarding the correct standard of causation that applies to claims “resulting from” a violation of the Anti-Kickback Statute (“AKS”) for purposes of False Claims Act (“FCA”) liability. On March 28, 2023, the Sixth Circuit joined the Eighth Circuit in interpreting the phrase “resulting from” to mean “but for” causation. It is not enough in the Si [...]