In 2021, the Department of Justice (DOJ) recorded the largest False Claims Act recovery since 2014: a whopping $5.6 billion – more than $5 billion of which came from the health care industry. The message is clear: resolutions stemming from alleged violations of the Anti-Kickback Statute (AKS) continue to be a revenue generator and will continue to be an enforcement priority. AKS enforcement actions in 2021 centered on theories and areas of scrutiny that we have seen before, including copay support, price fixing, electronic health records, telehealth, speaker programs, and meals/travel/entertainment – and we are likely to see similar enforcement activities in 2022.
Join Troutman Pepper attorneys Allison DeLaurentis, Miranda Hooker, and Angela Monaco as they look back at AKS enforcement in 2021 and analyze what to expect in the coming year.
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