Attorney Andrew S. Feldman’s Article on Anti-Kickback Statute Included in ABA Health Lawyer

Attorney Andrew S. Feldman’s Article on Anti-Kickback Statute Included in ABA Health Lawyer

Anti-Kickback Statute attorney, Andrew S. Feldman, published an article on Anti-Kickback Statute  in the Winter Edition of the ABA Health Lawyer. A link to the Article may be found here.

The Article on the Anti-Kickback Statute discusses the shortage of cases addressing the second provision of the federal Anti-Kickback Statute which potentially criminalizes sales and marketing arrangements involving services, equipment, or items covered by Medicare, Medicaid, or TRICare. Mr. Feldman also argues that, in practice, plaintiffs and prosecutors have consistently ignored and substantially under-utilized the “recommending purchasing, leasing, or ordering” provision of the Anti-Kickback Statute in criminal prosecutions and qui tam actions in comparison to the Anti-Kickback Statute’s companion provision prohibiting referrals and also analyzes some of the underlying policy concerns that may have contributed to the lackluster enforcement of this apparently forgotten provision of the Anti-Kickback Statute and the dearth of federal criminal and False Claims Act cases addressing its application.