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

Aviv REIT offers public stock

Aviv REIT announced the public offering of 8 million shares of common stock at a public offering price of $24.10 per share.

NCAL unveils 2014 Assisted Living Week logo

NCAL unveils 2014 Assisted Living Week logo

The National Center for Assisted Living is encouraging communities to use the 2014 "The Magic of Music" logo to celebrate National Assisted Living Week.

New healthcare educational catalog available

New healthcare educational catalog available

Nasco has released its 2014-2015 Health Care Educational Materials catalog, which focuses on training with versatile medical procedure simulators.