7th Circuit Court of Appeals Addresses Definition of "Referral" Under Federal Anti-Kickback Statute

Please note: This article was originally published on the website of Plews Shadley Racher & Braun LLP on February 18, 2015. You can view the original post here.

By Ashley N. Leonard, Plews Shadley Racher & Braun LLP

On February 10, 2015, the Seventh Circuit Court of Appeals issued its opinion in United States v. Patel, an important case addressing the definition of “referral” as used in the federal Anti-Kickback Statute.

The Anti-Kickback Statute states that, “whoever knowingly and willfully solicits or receives any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind—in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under a Federal health care program [shall be guilty of a felony].” 42 U.S.C. § 1320a-7b(b)(1)(A) (emphasis added). Continue reading...

This post was written by Ashley N. Leonard of Plews Shadley Racher & Braun LLP. If you would like to submit content or write an article for the Health Care and Life Sciences Section page, please email Rachel Beachy at rbeachy@indybar.org.