Anti-kickback provision could threaten innocent providers

Share this article:

A provision of the Affordable Care Act on kickbacks could snare innocent providers, panelists said at a recent American Health Lawyers Association conference. The new law considers any Medicare claim resulting from a violation of the anti-kickback law to be “false and fraudulent.” Attorneys addressed confusion about this provision at the recent AHLA conference in Baltimore. The lawyers discussed a 2011 ruling in a False Claims Act case against a medical device manufacturer, Blackstone Medical. The company was accused of paying kickbacks to physicians for using its products, and a court denied Blackstone's motion to dismiss even though physicians, not Blackstone itself, billed Medicare. The statute does not distinguish between “submitting and non-submitting entities,” the court stated. Blackstone argued this line of reasoning could expose innocent providers to False Claims Act charges, but the court said such concerns were “overblown.”

Share this article:
close

Next Article in Products

More in Products

LeadingAge's CAST releases medication management tools

LeadingAge's Center for Aging Services Technologies release new tools last week to help long-term care providers identify the best medication management product.

Butler Mobility updates paint colors for platform lifts

Butler Mobility updates paint colors for platform lifts

Butler Mobility has widened the spectrum of paint color choices for its Incline Platform Lifts line.

NeuroMetrix releases pain management system

NeuroMetrix releases pain management system

NeuroMetrix Inc. has created the SENSUS™ Pain Management System, a wearable neurostimulation technology developed for chronic neuropathic pain, including painful diabetic neuropathy.