Alerts2.20.24
Federal Judge Grants HHS-OIG Victory for Interpretation of Anti-Kickback Statute in Prior Advisory Opinion
Highlights
A federal judge ruled in favor of the HHS-OIG and its interpretation of the Anti-Kickback Statute in an earlier published advisory opinion
The court also held the HHS-OIG correctly exercised its discretion in applying sanctions and appropriately followed its own prior guidance
The decision further serves as a reminder of the rules applicable to the HHS-OIG when issuing advisory opinions
Recently, a federal judge in Virginia ruled in favor of the Department of Health and Human Services (HHS), rejecting claims from a pharmaceutical coalition that an advisory opinion published by the HHS Office of Inspector General (HHS-OIG) was arbitrary and capricious.
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