CEO SUMMARY: A federal appeals court has overturned the conviction of an operator of a durable medical equipment company who was accused of violating the Anti-Kickback Statute. A marketing company’s lack of true influence over decision-making related to the case seemed to sway the court. For clinical laboratory owners, the distinction is subtle and may […]
Federal Court Reverses Conviction in AKS Case
Nuances of decision-making played a large role in appeals court ruling in favor of business owner
- By Stephen Beale
- > From the Volume XXXII, No. 8 - June 2, 2025 Issue
- Tags: AKS, anti kickback statute, Byte Success Marketing, Department of Health and Human Services, durable medical equipment, Dynamic Medical Management, EKRA, Eliminating Kickbacks in Recovery Act of 2018, federal appeals court, Fifth Circuit Court of Appeals, HHS, lab intelligence, Matthew Haberkorn, McDonal Hopkins, Medicare, Office of Inspector General, OIG, PakMed LLC, Rachel Carey, safe harbor, U.S. Court of Appeals for the Seventh Circuit, United States v. Miles, United States v. Polin, Unites States v. Sorensen SyMed LLC
