Last Friday, we wrote to HHS Inspector General Levinson in response to the Department of Health and Human Services’ Request for Information Regarding the Anti-Kickback Statute and Beneficiary Inducements Civil Monetary Penalty (RFI).
Many of the FCA whistleblower cases that TAF members have brought to the attention of the DOJ and successfully litigated have involved illegal kickbacks between healthcare providers and suppliers, including pharmaceutical manufacturers, hospitals, pharmacies, clinical diagnostic laboratories, nursing homes, drug wholesalers, health plans and physicians. In 2010, recognizing the prevalence of fraud in the healthcare system, Congress amended the Anti-Kickback Statute to expressly provide that a claim to the government that includes items or services resulting from a violation of the Anti-Kickback Statute (AKS) “constitutes a false or fraudulent claim” for purposes of the FCA. 42 U.S.C. § 1320a-7b(g).
Consequently, TAF members have a strong interest in ensuring that any changes to the Anti-Kickback Statute protect, rather than undermine, the interests of honest patients and providers, and those of taxpayers generally.