Articles Tagged: Healthcare Compliance
A federal judge in South Dakota has preliminarily enjoined enforcement of a state abortion-advertising restriction against a reproductive-health education nonprofit and an attorney, concluding the challengers are likely to succeed on their First Amendment claims. The ruling is another important entry in the growing body of post-Dobbs litigation testing how far states can go when regulating not just abortion procedures, but speech about abortion.
At this stage, the court did not finally decide the statute’s constitutionality.
The Justice Department has announced an $8.33 million settlement with Modern Nuclear to resolve allegations that the company paid unlawful kickbacks to medical practices tied to its mobile PET scan services, leading to claims reimbursed by federal healthcare programs. While the matter was resolved without a determination of liability, the settlement is a notable reminder that the government continues to treat kickback-driven referral arrangements as a core healthcare-fraud enforcement priority.
According to the government’s allegations, the company’s financial arrangements with physician practices crossed the line from legitimate business relationships into conduct that potentially violated the Anti-Kickback Statute. That matters because claims submitted to federal programs that are allegedly tainted by kickbacks can also trigger liability under the False Claims Act, dramatically increasing exposure through treble damages and per-claim penalties.
For legal and compliance professionals, the case underscores a recurring enforcement theory: even when the underlying services are medically appropriate, the manner in which referrals are obtained can create FCA risk.


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