The U.S. Courts of Appeal Have Been Busy: Top Health Care Fraud Decisions of 2025 (so far)

When:
People:
Jessica M. Andrade, T. Jeffrey Fitzgerald, Gregory R. Jones, Ellen H. Persons, Allessandra Stewart
Register

This webinar was previously recorded. Click here to access the recording.

The Federal appellate courts have weighed in on a number of interesting health care fraud and abuse issues in early 2025. Polsinelli has pulled together a panel of lawyers who actively litigate health care matters to discuss the top five court opinions that could affect your business.

*CLE Credit Pending

Agenda Topics:

The panel plans to discuss the following cases:

United States v Sorensen (7th Cir.)

  • Analyzing the scope of the Federal Anti-Kickback Statute (“AKS”) including what is a “referral” in the sales and marketing context

United States ex rel Vanderlan v Jackson HMA (5th Cir.)

  • Discussing the government’s ability to dismiss qui tam actions over relator objections

United States v Hall (5th Cir.)

  • Ruling on the burden of proof when compliance with the AKS is based upon compliance with a safe harbor and the scope of the employment safe harbor

United States v Regeneron Pharmaceuticals, (128 F.4th 324, 1st Cir.)

  • Weighing-in on the contentious issue of causation for False Claims Act damages based upon alleged AKS violations

Pharmaceutical Coalition for Patient Access v United States, 126 F.4th 947 (4th Cir.)

  • Discussing the application of the AKS to benefits given to beneficiaries in a challenge to an HHS Office of the Inspector General advisory opinion