BC Advantage - 2022 Issue 12

The U.S. Government and Cooperation Credit in Relation to the False Claims Act and the Federal Anti-Kickback Statute

Those familiar with the healthcare industry have no doubt learned that the U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG) and the U.S. Department of Justice (DOJ) have identified both the False Claims Act (FCA) and the Anti-Kickback Statute (AKS) as laws critical to thwarting fraud, waste, and abuse. Often, these two laws come together in a FCA case. For example, in July 2022, Biogen Inc. paid $900 million to resolve that it paid illegal kickbacks, which resulted in false and fraudulent claims being submitted or causing to be submitted to...

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