No. 21-445

Floyd Calhoun Dent, III v. United States, et al.

Lower Court: Fourth Circuit
Docketed: 2021-09-22
Status: Denied
Type: Paid
Response Waived
Tags: anti-kickback-statute federal-healthcare-programs healthcare-fraud independent-contractor independent-contractors marketing medical-referral referral remuneration sales-commission statutory-interpretation
Latest Conference: 2021-11-12
Question Presented (from Petition)

Whether the AKS prohibits the payment of sales commissions to independent contractors who make marketing presentations to physicians but who are not medical professionals, have no contact with patients, and are not even present when a physician decides to refer a patient for services?

Question Presented (AI Summary)

Whether the Anti-Kickback Statute prohibits the payment of sales commissions to independent contractors who make marketing presentations to physicians but who are not medical professionals, have no direct contact with patients, and are not present when a physician decides to refer a patient for services

Docket Entries

2021-11-15
Petition DENIED.
2021-10-27
DISTRIBUTED for Conference of 11/12/2021.
2021-10-13
Waiver of right of respondent United States, et al. to respond filed.
2021-10-05
Waiver of right of respondent Latonya Mallory to respond filed.
2021-09-20
Petition for a writ of certiorari filed. (Response due October 22, 2021)

Attorneys

Floyd Calhoun Dent, III
Kirsten Elena SmallNexsen Pruet, Petitioner
Latonya Mallory
Beattie B. AshmoreBeattie B. Ashmore, Respondent
United States, et al.
Elizabeth B. PrelogarSolicitor General, Respondent