BC Advantage - 2020 Issue 9

COVID-19 or Not: The Anti-Kickback Statute Remains a Tool of Choice for False Claims Act Violations

The COVID-19 pandemic has not diminished the focus of the U.S. Department of Justice ("DOJ") and whistleblowers, who are known as "Relators," from bringing and enforcing claims that violate both the federal Anti-Kickback Statute (AKS)   and the False Claims Act (FCA).  For decades, healthcare providers, medical device, and pharmaceutical companies have been the subject of multi-million dollar penalties for providing improper remuneration (aka "kickback") to providers in exchange for increased utilization for certain products or services.  The inception of the Affordable Care Act (ACA)  gave even more "teeth" to the AKS. Specifically, ACA's...

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