Second Circuit Holds No FCA Violation Where Defendant Relied on Favorable OIG Advisory Opinions

King & Spalding – The Second Circuit issued a summary order holding that the relator failed to plead scienter, a necessary element under the Anti-Kickback Statute (AKS) and the False Claims Act (FCA), where the defendant company, an online platform that allows users to find healthcare providers and schedule appointments with them, sought and relied on two favorable OIG advisory opinions.