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Second Circuit Holds No FCA Violation Where Defendant Relied on Favorable OIG Advisory Opinions

On April 14, 2025, the Second Circuit issued a summary order holding that the relator failed to plead scienter, a necessary element under the Anti-Kickback Statute (AKS) and the False Claims Act (FCA), where the defendant...more

First Annual Report on the No Surprises Act’s Impact on the Health Care Market is Released

On July 6, 2023, the HHS Office of the Assistant Secretary for Planning and Evaluation (ASPE) released the first of five required annual reports on the impact of the No Surprises Act (NSA) on health care markets (the Report)....more

Sixth Circuit’s Defendant-Friendly Opinion Joins Circuit Split on Anti-Kickback Statute Pleading Standard

On March 28, 2023, the Sixth Circuit issued a decision interpreting the definition of remuneration under the Anti-Kickback Statute (AKS) and the level of causation necessary for a False Claims Act (FCA) action to be premised...more

Departments Issue Final No Surprises Act Dispute Resolution Rule and Other Guidance

On August 19, 2022, the Departments of Health and Human Services, Labor, and the Treasury (the Departments) issued a long-awaited final rule (the Final Rule) on the Independent Dispute Resolution (IDR) Process under the No...more

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