On August 8, 2016, the U.S. government filed a Statement of Interest in an ongoing False Claims Act (FCA)/Anti-Kickback Statute (AKS) case, U.S. ex rel. Herman v. Coloplast Corp., No. 1:11-cv-12131 (D. Mass.). Certain claims in the case turn on whether particular arrangements qualify as “discounts” under the discount exception or safe harbor to the AKS or whether they should instead be viewed as illegal kickbacks. While the government has not intervened in the kickback claims discussed in the Statement of Interest, the document provides insight into the government’s current interpretation of the discount exception and safe harbor.
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