Mixing oil and water: the government's mistaken use of the Medicare anti-kickback statute in False Claims Act prosecutions.

Beyond the anti-kickback statute: new entities, new theories in healthcare fraud prosecutions.

The authors analyze existing and developing trends in healthcare fraud litigation. They first review the traditional use of the Medicare-Medicaid Anti-Kickback Statute to prosecute such fraudulent activity. They then consider newer theories that have been employed, or may be employed, in cases involving payors, middlemen, agents, and fiduciaries. These include the use of the Civil False Claims ...

Medicare and State health care programs: fraud and abuse; OIG anti-kickback provisions--HHS. Final rule.

This final rule implements section 14 of Public Law 100-93, the Medicare and Medicaid Patient and Program Protection Act of 1987, by specifying various payment practices which, although potentially capable of inducing referrals of business under Medicare or a State health care program, will be protected from criminal prosecution or civil sanctions under the anti-kickback provisions of the statute.

Application of the Medicare and Medicaid anti-kickback statute to business arrangements between hospitals and hospital-based physicians.

Hospitals and hospital-based physicians enter into a variety of agreements. Given the recent advisory memorandum from the Inspector General of Health and Human Services and a recent administrative decision, these arrangements may violate the Medicare Anti-Kickback statute.

Recovering fraudulent claims for Australian federal expenditure on pharmaceuticals and medical devices.

The Australian Federal Government expends increasingly large amounts of money on pharmaceuticals and medical devices. It is likely, given government experience in other jurisdictions, that a significant proportion of this expenditure is paid as a result of fraudulent claims presented by corporations. In the United States, legislation such as the False Claims Act 1986 (US), the Fraud Enforcement...

Defining "willful" remuneration: how Bryan v. United States affects the scienter requirement of the Medicare/Medicaid anti-kickback statute.