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News/Compliance & Enforcement/Second Circuit Expands Anti-Kickback Statute Liability: “At Least One Purpose” is Enough
Expert Opinion·Compliance & Enforcement Brief

Second Circuit Expands Anti-Kickback Statute Liability: “At Least One Purpose” is Enough

White-Collared – In a significant ruling, the Second Circuit Court of Appeals recently expanded the scope of the Anti-Kickback Statute (AKS).The Court joined other circuit courts across the country in adopting, for the first time, the “at-least-one-purpose rule,” whereby a defendant violates the AKS when at least one purpose, rather than the sole or primary purpose, of a payment (or “remuneration”) is to induce the purchase of federally reimbursable healthcare products or services.

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