False Claims Act and Anti-Kickback Statute: Avoiding Legal Landmines

Abstract

Health care entities doing business with the federal government may run afoul of the False Claims Act and Anti-Kickback Statute not only when they directly submit fraudulent claims for government reimbursement but also when they create schemes that manipulate others into submitting (whether knowingly or unknowingly) illegal claims. In recent years, the Department of Justice is deploying these statutes to ensure that electronic health records are built and maintained with appropriate cybersecurity protections.

Keywords: Anti-Kickback Statute; Cybersecurity; False claims; False claims act; Fraud.