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.