Antikickback Developments and a New DOJ Enforcement Action
June 24, 2025 | New York Law Journal
In the second installment of his New York Law Journal column on developments in healthcare enforcement, Morvillo Abramowitz Grand Iason & Anello PC partner and former federal prosecutor Robert M. Radick examines recent judicial decisions and enforcement activity. This edition highlights two key decisions: one in which a federal district court rejected efforts to narrow the AKS’s scope to only “corrupt” transactions, and another in which the Seventh Circuit overturned a criminal conviction under the Antikickback Statute for failure to prove that payments were made to those who can influence healthcare decisionmaking. The article also discusses a new False Claims Act lawsuit recently filed by the Department of Justice against several major health insurers, alleging unlawful kickbacks to insurance brokers and discrimination against disabled enrollees in Medicare Advantage plans.
