The Anti-Kickback Statute And The Affordable Care Act: A Law Enforcement Tool Suddenly Goes Missing

November 13, 2013  |  The Insider: White Collar Defense and Securities Enforcement

With the aggressive pursuit of cases against the pharmaceutical and device industries (including the recent $2.2 billion settlement with Johnson & Johnson), the implementation of Medicare Fraud Strike Forces in major cities throughout the country, and an increase in the potential criminal penalties under the United States Sentencing Guidelines, the federal government’s determination to root out health care fraud has long seemed vigorous and unrelenting. The government has repeatedly touted its continuing dedication to fighting waste and abuse in health care, and has treated this dedication as part and parcel of its efforts to implement health care reform.  Indeed, in a press release issued after the enactment of the health-care reform law, the Department of Health and Human Services (HHS) proclaimed that joint efforts on the part of HHS and the Department of Justice to fight fraud and abuse in the health care industry “will continue to improve with the new tools and resources provided by the Affordable Care Act.” [...]

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