Mixing oil and water: the government's mistaken use of the Medicare anti-kickback statute in False Claims Act prosecutions.
In 1996, billing integrity generated a great deal of debate and litigation in the health care arena. Significantly, the federal government views a violation of the Anti-Kickback Act as a basis for a False Claims Act action. While federal courts are split on the issue, the author strongly contends that using the False Claims Act to do what the Anti-Kickback Act was intended to do is inappropriate, given Congress' intention in enacting each legislation.
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Akin, Gump, Strauss, Hauer & Feld, LLP, Washington, DC, USA.
D005607:Fraud / Q000331:legislation & jurisprudence*; D006077:Government Agencies; D016365:Liability, Legal; D008484:Medicaid / Q000331:legislation & jurisprudence*; D006278:Medicare / Q000331:legislation & jurisprudence*; D018584:Physician Self-Referral / Q000331:legislation & jurisprudence; D014481:United States