The Medicare Anti-Kickback Statute, 42 U.S.C. 1320a-7b, prohibits knowingly
and willfully offering or paying any remuneration (including kickbacks,
rebates, or bribes) in cash or in kind to any person to induce that person
to make referrals for federal healthcare programs. Courts have previously
held that falsely certifying compliance with the Anti-Kickback Statute,
or AKS, regarding a claim submitted to a federally funded insurance program
can result in liability under the False Claims Act.
See US ex rel Wlkins v. United Healthcare Group, Inc., 659 F.3d 295, 312 (3rd Cir. 2011). In
Wilkins the Third Circuit addressed whether two whistleblowers, or “relators”,
properly alleged claims that the insurer-defendants violated the False
Claims Act, 31 USC 3729, through the defendants’ submission of claims
for payment by the federal government.