Joel Cohen, left, and Zach Williams, right, with White & Case. Courtesy photos The Coming Era of Anti-Kickback Statute Enforcement
As the Department of Justice slowly turns away from enforcement of pandemic-era fraud, as a round of legal changes are occurring or are imminent, and as new modalities and forms of finance continue to develop within the industry, the coming years promise to shift the terrain on the compliant marketing and delivery of health services.
November 07, 2024 at 07:00 AM
8 minute read
Commentary
The Anti-Kickback Statute and the False Claims Act have become mainstays in the Department of Justice's and qui tam whistleblowers' arsenal of health care fraud enforcement tools. AKS cases consistently form a sizeable chunk of the Department of Justice's annual health care fraud recoveries. According to a recent estimate, between 2006 and 2022, the DOJ recovered over $29 billion in settlements against pharmaceutical manufacturers—a discrete but significant portion of the constellation of health services providers—alone. The change in presidential administration is unlikely to change the DOJ's focus in this area.
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