Anti-kickback statute: What physicians need to know about remuneration

Here are four takeaways from an April 12 JDSupra report discussing a recent court case that defined whether or not an action can be considered remuneration under the Anti-Kickback Statute: 

  1. "Remuneration" can be understood as anything with value when discussing the Anti-Kickback Statute, but this definition was challenged by the 6th Circuit in United States ex rel. Martin v. Hathaway et al, in which a physician alleged that a hospital's refusal to hire her in exchange for referrals from a physician group violated the Anti-Kickback Statute.
  2. The 6th Circuit found the term "remuneration" is limited to "payments and other transfer of value," as opposed to "any act that may be valuable to another."
  3. Through this definition of the term, the act of not hiring a physician is not remuneration.
  4. The court also found that False Claims Act liability "resulting from" an Anti-Kickback Statute violation requires demonstrating but-for causation.

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