News & Analysis as of September 22, 2024

Anti-Kickback Statute › Remand

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The Anti-Kickback Statute is a United States federal criminal statute that prohibits the exchange (or the promise to exchange) of anything of value for referrals of federal healthcare program business. The... more +

The Anti-Kickback Statute is a United States federal criminal statute that prohibits the exchange (or the promise to exchange) of anything of value for referrals of federal healthcare program business. The statute aims to prevent situations where government officials channel federal healthcare dollars towards particular providers, who have offered or given the official a personal benefit. Penalties for violation of the Anti-Kickback statute apply to both sides of a prohibited transaction and can include jail time and steep monetary fines. less -

Federal District Court Applies Expansive Definition of “Referral” to Find Liability under the Anti-Kickback Statute

Bradley Arant Boult Cummings LLP on 6/23/2021

Despite its central importance to the application of the federal anti-kickback statute, 42 U.S.C. § 1320a-7b(b) (AKS), the term “refer” is not defined by statute or regulation, and it has seldom been interpreted by the courts...more

U.S. Court of Appeals Rules Current Structure of CFPB Unconstitutional

Brownstein Hyatt Farber Schreck on 10/15/2016

The Consumer Financial Protection Bureau’s (CFPB) reign as an unchecked power just suffered a significant check. On Oct. 11, 2016, the U.S. Court of Appeals for the District of Columbia found that the CFPB’s structure was...more

Ninth Circuit Finds CFPB Interpretation of RESPA Provision Not Entitled to Deference

MoFo Reenforcement on 8/25/2015

On August 24, 2015, the Ninth Circuit found that the CFPB’s interpretation offered in an amicus brief of 12 U.S.C. § 2607(c)(2) of the Real Estate Settlement Procedures Act (RESPA) was not entitled to Chevron deference...more

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