Alerts7.12.22

Fifth Circuit Sheds New Light on Anti-Kickback Statute in Pair of Decisions

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Highlights

The U.S. Court of Appeals for the Fifth Circuit handed down two decisions concerning the Anti-Kickback Statute in June

In one case, the defendant successfully appealed a charge he had paid illegal kickbacks on the basis that the payments only induced “self-referrals”

In the second case, the defendant was found to have disguised illegal kickbacks as copays


The U.S. Court of Appeals for the Fifth Circuit ruled on two cases involving the federal Anti-Kickback Statute in June, providing a new look at the way in which courts may interpret it.

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