Healthcare Enforcement Roundup: Developments in False Claims Act and Antikickback Cases

May 1, 2025  |  New York Law Journal

In a new column for the New York Law Journal, Morvillo Abramowitz Grand Iason & Anello PC partner and former federal prosecutor Robert M. Radick will examine ongoing developments in health care enforcement law, including updates on recent criminal prosecutions, False Claims Act (“FCA”) matters, and regulatory and administrative measures. This inaugural edition of the column focuses on three recent cases: one that rejected the False Claims Act’s qui tam provision as inconsistent with the Constitution’s Appointment Clause; a second which ruled that FCA liability predicated on alleged violations of the Anti-Kickback Statute requires a showing of but-for causation; and a third holding that that because safe harbors under the AKS are affirmative defenses, indictments for AKS violations need not allege the inapplicability of safe harbor provisions. 

Healthcare Enforcement Roundup: Developments in False Claims Act and Antikickback Cases