Katherine Pullen

Warner Norcross + Judd

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Latest Posts › Anti-Kickback Statute

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Federal Court Flags Stark and Anti-Kickback Risks in Physician Pay, Spotlights FCA Constitutional Questions on Appeal

On July 28, the federal district court in the Southern District of Ohio issued a pair of orders in related whistleblower cases under the False Claims Act (FCA): United States ex rel. Murphy v. TriHealth, Inc., et al., No....more

8/1/2025 / Anti-Kickback Statute , Appeals , Article II , Constitutional Challenges , False Claims Act (FCA) , Federal Court Litigation , Health Care Providers , Healthcare Fraud , Hospitals , Physician Compensation Arrangements , Physicians , Qui Tam , Stark Law , Whistleblowers

Supreme Court Removes Some Defenses to False Claims Act Liability for Government Contractors and Health Care Providers

Government contractors, health care providers and many other parties who submit claims for payment to the federal government are subject to liability under the False Claims Act (FCA). This month, the U.S. Supreme Court issued...more

6/9/2023 / Anti-Kickback Statute , Drug Pricing , False Claims Act (FCA) , Healthcare , Medicare , Prescription Drugs , Reasonable Interpretations , Scienter , SCOTUS , US ex rel Tracy Schutte et al v SuperValu Inc et al

Second Circuit Rules Anti-Kickback Statute Means No “Corrupt Intent” Required for Liability

On January 9, 2023, the U.S. Supreme Court denied Pfizer Inc.’s petition for a writ of certiorari. The denial brought the pharmaceutical company’s lawsuit challenging the breadth of the federal Anti-Kickback Statute (AKS) to...more

2/20/2023 / Anti-Kickback Statute , Co-payments , Department of Health and Human Services (HHS) , False Claims Act (FCA) , Food and Drug Administration (FDA) , Medicare , OIG , Pfizer

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