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1st Circ. Backs Strict View Of Kickback Law In Blow To FCA

1st Circ. Backs Strict View Of Kickback Law In Blow To FCA

In an eagerly awaited ruling, the First Circuit on Tuesday said a major avenue for False Claims Act civil enforcement requires proof that kickbacks directly changed treatment decisions, a holding that creates a lopsided circuit split as well as significant challenges for the U.S. Department of Justice and the plaintiff’s bar.

At issue was a 2010 amendment, included in the Affordable Care Act, that said billing claims “resulting from” kickbacks are false under the FCA, which threatens triple damages and enormous penalties for every individual claim deemed false. Tuesday’s opinion, authored by U.S. Circuit Judge William J. Kayatta Jr., agreed with Regeneron that “to demonstrate falsity under the 2010 amendment, the government must show that an illicit kickback was the but-for cause of a submitted claim.”

Read more at: https://www.law360.com/compliance/articles/2299660?nl_pk=c191319b-c359-458f-9690-683f4b417079&utm_source=newsletter&utm_medium=email&utm_campaign=compliance&utm_content=2025-02-19&read_main=1&nlsidx=0&nlaidx=0&detected=1?copied=1

About the author

Jeffrey Lynne

Founder of Lynne Legal P.A. and Of Counsel to Cohen Norris Wolmer Ray Telepman Berkowitz & Cohen, focusing on complex Land Use & Zoning and Regulated Industries.

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