Cross-Practice Team Authors Bloomberg BNA Article on How Anti-Kickback Enforcement Can Limit Health Care Innovation
Government enforcement partner Laura Hoey (Chicago), health care partners and co-chairs Deborah Gersh (Chicago) and Tim McCrystal (Boston), government enforcement associate Joshua Asher (Chicago) co-authored an article on how current legal interpretations of the Anti-Kickback Statute (AKS) may impede innovation needed to improve health care quality and lower costs. The article appeared in Bloomberg BNA’s Health Law Reporter on Aug. 10.
The authors explain that AKS enforcement has expanded beyond traditional kickback schemes without clear guidance. As a result, while the Department of Justice seeks ways to control health care costs through AKS enforcement and litigation, these actions may have a counter effect by impeding the kinds of innovative collaborations necessary for value-based models of care.