Supreme Court Refuses to Undo Seminal Anti-kickback Decision
Recently, the U.S. Supreme Court declined to review a federal appeals court ruling in a closely watched case over whether a defendant can be held liable under the False Claims Act for "causing" health care providers to submit Anti-kickback Statute-violative Medicare claims (Blackstone Medical Inc. v. United States ex rel. Hutcheson
, U.S., No. 11-269, review denied
12/5/11). The Supreme Court’s decision not to hear the case lets stand a ruling
by the U.S. Court of Appeals for the First Circuit in United States ex rel. Hutcheson v. Blackstone Medical Inc.
(1st Cir., 647 F.3d 377 (2011), which correctly held that entities that pay kickbacks
are liable under the False Claims Act for the resulting false claims.
Certainly, this sends another powerful message to wayward drug and medical device companies that they cannot bribe their way into the medicine cabinets of Medicare
For more information about qui tam
law and Medicare fraud, contact Nolan and Auerbach, P.A.