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The Eliminating Kickbacks in Recovery Act in False Claims Act Cases: The Coming Battleground

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Westlaw Today

By Joshua M. Robbins, Esq

When the Eliminating Kickbacks in Recovery Act was passed in 2018, many expected this broad new health care anti-kickback law to lead to a wave of False Claims Act suits by DOJ and whistleblowers. But so far, there has been little, if any, litigation. Shareholder Joshua Robbins explains a key challenge plaintiffs may face in such cases, and how courts may approach it based on the example of an earlier statute.

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