anti-kickback-statute
13 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-157 | Richard Hall v. United States | Fifth Circuit | 2025-08-11 | Denied | Response Waived | anti-kickback-statute burden-of-persuasion criminal-defense federal-health-care-program safe-harbor statutory-interpretation | The Anti-Kickback Statute ("AKS"), 42 U.S.C. § 1320a-7b(b), generally bars "remuneration" to induce referrals for health care goods and services for w… |
| 24-235 | Asif Sayeed, et al. v. Stop Illinois Health Care Fraud, LLC | Seventh Circuit | 2024-08-30 | Denied | Response Waived | anti-kickback-statute false-claims-act indirect-referral legal-knowledge referral-definition willful-conduct | 1. Already pending before the Court is a Petition for a Writ of Certiorari docketed in United States ex rel. Hart v. McKesson Corp., 96 F.4th 145 (2d … |
| 24-5032 | Jackson Jacob v. United States | Fifth Circuit | 2024-07-09 | Denied | Response RequestedResponse WaivedRelisted (5)IFP | anti-kickback-statute criminal private-health-insurers restitution scope sixth-amendment | Does the Anti-Kickback Statute, 42 U.S.C. § 1320a-7(b), extend to services paid for by private health insurers? Does the Sixth Amendment reserve to j… |
| 23-1293 | United States, ex rel. Adam Hart, et al. v. McKesson Corporation, et al. | Second Circuit | 2024-06-11 | Denied | Response RequestedResponse WaivedRelisted (2) | anti-kickback-statute circuit-split criminal-intent criminal-law federal-health-care-program health-care-fraud mens-rea statutory-interpretation willful-conduct | To act "willfully" within the meaning of the Anti-Kickback Statute, must a defendant know that its conduct violates the law? |
| 23A1059 | Jackson Jacob v. United States | Fifth Circuit | 2024-05-29 | Presumed Complete | anti-kickback-statute federal-criminal-statute healthcare-conspiracy medical-services out-of-network-billing reimbursement | Does the Anti-Kickback Statute, 42 U.S.C. § 1320a-7(b) extend to services paid for by private health insurers? | |
| 23A1057 | Mrugeshkumar Kumar Shah v. United States | Fifth Circuit | 2024-05-28 | Presumed Complete | anti-kickback-statute constitutional-fact-finding criminal-restitution healthcare-conspiracy jury-determination sixth-amendment | Whether the Sixth Amendment reserves to juries the determination of any fact underlying a criminal restitution order. | |
| 23-716 | Shawn Mark Henry v. United States | Fifth Circuit | 2024-01-03 | Denied | Response Waived | anti-kickback-statute criminal-intent federal-benefits federal-healthcare-benefits healthcare-fraud interstate-commerce mens-rea statutory-interpretation travel-act | I. Does the Anti-Kickback Statute, 42 U.S.C. § 1320a-7(b)(1), require the government to prove that the defendant received remuneration for referring p… |
| 23-139 | United States, ex rel. Shannon Martin, M.D., et al. v. Darren Hathaway, M.D., et al. | Sixth Circuit | 2023-08-15 | Denied | Response Waived | anti-kickback-statute false-claims-act federal-health-care-program government-claims healthcare-fraud liability remuneration statutory-interpretation | 1. Does the term "remuneration" under the Anti-Kickback Statute encompass solicitation or receipt of any kind of reward or compensation, or is it limi… |
| 22-6653 | Jayson Montgomery v. United States | Sixth Circuit | 2023-01-27 | Denied | IFP | anti-kickback-statute circuit-split controlled-substances-act criminal-law due-process healthcare-fraud intent ruan-v-united-states subjective-intent | To convict a defendant of violating the anti-kickback statute, is the government required to establish that the accused intended to engage in unlawful… |
| 22-685 | Jerry Wayne Wilkerson, et al. v. United States | Sixth Circuit | 2023-01-24 | Denied | anti-kickback-statute commission-payment controlled-substances-act healthcare-fraud objective-intent-standard pharmacy-benefit prescription-marketing sixth-circuit subjective-intent | Must the government establish subjective intent to engage in unlawful conduct in order to convict a defendant of healthcare fraud and violation of the… | |
| 22-339 | Pfizer Inc. v. Department of Health and Human Services, et al. | Second Circuit | 2022-10-12 | Denied | Amici (5) | advisory-opinion-process anti-kickback-statute criminal-intent healthcare-fraud medical-decision-making medicare mens-rea remuneration rule-of-lenity statutory-interpretation | Whether the AKS is violated only if the person offering the "remuneration * * * to induce" the purchase of federally reimbursed healthcare intends to … |
| 21-445 | Floyd Calhoun Dent, III v. United States, et al. | Fourth Circuit | 2021-09-22 | Denied | Response Waived | anti-kickback-statute federal-healthcare-programs healthcare-fraud independent-contractor independent-contractors marketing medical-referral referral remuneration sales-commission statutory-interpretation | Whether the AKS prohibits the payment of sales commissions to independent contractors who make marketing presentations to physicians but who are not m… |
| 19-866 | Emmanuel E. Ubinas-Brache v. Surgery Center of Texas, LP | Texas | 2020-01-10 | Denied | Response Waived | anti-kickback-statute healthcare-fraud limited-partnership medicaid medicare partnership-agreement preemption state-contract-law surgical-center | Animated by concerns over fraud and rising costs in federal healthcare reimbursement programs like Medicare and Medicaid, Congress enacted an anti-kic… |