District of Massachusetts Adopts But-For Causation Test for FCA Claims Premised on AKS Violations

On September 27, 2023, the District of Massachusetts, assessing the causation standard linking Anti-Kickback Statute violations to FCA liability, determined that a claim “result[s] from” a kickback only if the defendant would not have included particular items or services in the claim but for the kickback.  We have previously written about the circuit split on this issue here and here.  We will follow up with an additional post describing the court’s opinion, available here, in greater detail.

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