Mixing Oil and Water: The Government's Mistaken Use of the Medicare Anti-Kickback Statute in False Claims Act Prosecutions

Authors

Robert Salcido, Akin, Gump, Strauss, Hauer & Feld, L.L.P.

Abstract

In 1996, billing integrity generated a great deal of debate and litigation in the health care arena. Significantly, the federal government views a violation of the Anti-Kickback Act as a basis for a False Claims Act action. While federal courts are split on the issue, the author strongly contends that using the False Claims Act to do what the Anti-Kickback Act was intended to do is inappropriate, given Congress' intention in enacting each legislation.

First Page

105

Recommended Citation

Robert Salcido Mixing Oil and Water: The Government's Mistaken Use of the Medicare Anti-Kickback Statute in False Claims Act Prosecutions, 6 Annals Health L. 105 (1997).
Available at: https://lawecommons.luc.edu/annals/vol6/iss1/6