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Sixth Circuit Denies Rehearing in Important Anti-Kickback Statute Case

The decision should prove helpful for those in the health care and life sciences industries whose daily operations require compliance with the federal Anti-Kickback Statute ("AKS").

Our recent Commentary, "Sixth Circuit Narrows Scope of Anti-Kickback Statute," discussed the U.S. Court of Appeals for the Sixth Circuit's significant decision in U.S. ex rel. Martin v. Hathaway, which set forth important limitations on the meaning of "remuneration" under the AKS. Martin also addressed when a claim is "resulting from" an AKS violation and thus is a false claim under the False Claims Act. The relator filed a petition for rehearing en banc in Martin, to which the court called for a response.  

On May 16, 2023, the Sixth Circuit denied the rehearing petition with no noted dissents; indeed, no judge even requested a vote on the suggestion for rehearing en banc. The Martin decision is thus now final in the Sixth Circuit. Any petition for certiorari would be due on August 14, 2023.

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