BC Advantage - 2023 Issue 8

If Conduct Appears to Buck the Legal Norm, Chances Are That It Does

It's akin to wearing Doc Martens to a professional cocktail party reception or Uggs to court. In other words, the wardrobe choice jumps out as not being appropriate for the situation. Likewise, certain conduct that violates the Anti-Kickback Statute (AKS) and the False Claims Act (FCA) unequivocally jumps out as being unlawful under the facts and circumstances, yet persons engage in the inappropriate behavior. AnalysisCodified at 42 U.S. C. § 1320a–7b(b), the AKS has been around since 1972. The AKS was "enacted to ensure that clinical decisions and medical services are provided to patients based on...

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