This Article analyzes recent government enforcement actions involving two health care fraud and abuse authorities, including the federal Anti- Kickback Statute and the federal civil False Claims Act, in cases involving opioids.
Part II of this Article examines recent government enforcement actions involving the federal Anti-Kickback Statute, which prohibits (among other conduct) the exchange of remuneration for opioid prescriptions, patient referrals for drug testing services, and patient referrals for addiction treatment services if such prescriptions or services are reimbursed in whole or in part by a federal health care program.
Part III of this Article examines recent government enforcement actions involving the federal civil False Claims Act, which prohibits (among other conduct) factually and legally false opioid prescription claims, drug testing claims, and addiction treatment claims when such claims are submitted for payment to a federal health care program.
Finally, Part IV addresses the role of the Anti-Kickback Statute and the False Claims Act in combating the opioid crisis and highlights new government initiatives in this area, including: (1) the Prescription Interdiction & Litigation Task Force, created by the Department of Justice in February 2018; (2) the Eliminating Kickbacks in Recovery Act, signed into law by President Trump in October 2018; and (3) a mega anti-fraud program known as the Unified Program Integrity Contractor, announced by the Centers for Medicare and Medicaid Services in November 2018.
67 Kan. L. Rev. 901 (2019).
Tovino, Stacey A., "Fraud, Abuse, and Opioids" (2019). Scholarly Works. 1250.