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February 13, 2018

13 February 2018

Third Circuit Clarifies Required Link Between AKS Violations and the False Claims Act

The Third Circuit’s recent decision in Greenfield ex rel v. Medco Health Systems, Inc. recently clarified the “link” that plaintiffs must show to connect the alleged kickback scheme to the submitted claim.  Greenfield, No. 17-1152 (3d Cir. Jan. 19, 2018).  In affirming summary judgment for the defendant, the Third Circuit held that to create an issue for trial, a plaintiff alleging a violation of the Anti-Kickback Statute (AKS) must present evidence of a claim submitted to the federal healthcare government that was actually exposed to the alleged kickback scheme. (more…)

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