22 April 2025
Well being Care Regulation Right this moment
Well being Care Advertising: The Seventh Circuit Addresses “Referrals” Underneath The Anti-Kickback Statute
The case, United States v. Sorenson, addressed whether or not a Medicare-registered distributor violated the AKS in making funds to promoting, advertising, and manufacturing corporations that labored to promote orthopedic braces to Medicare sufferers. The court docket held that such funds weren’t “referrals” throughout the that means of the AKS as a result of the funds had been made to entities that had been neither physicians ready to refer their sufferers nor different decisionmakers in positions to “leverage fluid, casual energy and affect” over well being care selections.