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News/Compliance & Enforcement/Eighth Circuit Requires But-For Causation for False Claims Act Suits Alleging Kickbacks
Expert Opinion·Compliance & Enforcement Brief

Eighth Circuit Requires But-For Causation for False Claims Act Suits Alleging Kickbacks

A claim that “includes items or services resulting from a violation” of the Anti-Kickback Statute is a false claim for purposes of the False Claims Act, which is typically central to FCA suits that allege AKS violations—a theory of liability that health care providers know all too well.

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