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

Nurse technology contest seeks applications

Nurses who want to share the ways technology has led to a better student or patient outcome are invited to enter a contest that touts two $10,000 cash awards.

Accessory for swimming approved for cochlear implants

Accessory for swimming approved for cochlear implants ...

The Food and Drug Administration has approved the Aqua+ accessory, a waterproof, behind-the-ear product for cochlear implant recipients. The accessory allows Cochlear™ Nucleus® 5 and Nucleus 6 Implant recipients2 to ...

Non-Invasive Open Ventilation System approved

Non-Invasive Open Ventilation System approved

Breathe Technologies, which makes the Non-Invasive Open Ventilation (NIOV) System, said the Food and Drug Administration has granted the fifth 510(k) clearance for the product.