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B.

THE ANTI-KICKBACK STATUTE

37.

Medicaid, a public assistance program funded by the state and federal

  • A.

    THE FEDERAL AND STATE FALSE CLAIMS ACTS

    • 35.

      The federal False Claims Act imposes liability on any person who:

  • I.

    Knowingly presents, or causes to be presented, to an officer or

employee of the United States Government ... a false or fraudulent claim for payment or approval;

or,

govermnents,

pays

for

the

medical

expenses

of

approximately

44

million

individuals.

It

subsidizes the purchase of more prescription drugs than any other health program in the United

States.

AKS makes it a felony to offer kickbacks or other payments to affect decisions to order goods

2.

or,

Knowingly makes, uses, or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the Government;

3.

31 U.S.C. §3729(a).

Conspires to defraud the Government by getting a false or fraudulent claim allowed or paid.

The Plaintiff States' False Claims Acts each have similar language detailing

Congress added the Anti-Kickback Statute ("AKS") to the Social Security Act in 1977. The

36.

liability.

38.

In response to fraudulent and abusive practices in Medicaid-funded programs,

paid for by federally-funded health programs, including Medicaid.

42 U.S.C. §1320a-

7b(b)(2)(A).

39.

According to the AKS, a party engages in "illegal remuneration" when that party

"knowingly and willfully pays any remuneration (including any kickback, bribe, or rebate)

10

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