Snitches Get Stitches: An Analysis of The Eighth Circuit’s But-For Causation Requirement in False Claims Act Litigation “Resulting From” Anti-Kickback Violations

Authors

Travis R. Linn

Keywords

Anti-Kickback Statute, AKS, Medicaid, Social Security, Medicare, 42 U.S.C. § 1320a-7b(g), False Claims Act, FCA, Lincoln's Law

Abstract

Following the expansion of Social Security in the 1960s, Congress enacted the Anti-Kickback Statute or AKS in 1972 to ensure that items and services charged to Medicaid were only those necessary to the beneficiary’s health. Part II of this Note will analyze three pieces of legislation and Congress’s reasons for passing them: the FCA, the AKS, and a 2010 amendment to the AKS passed under the Affordable Care Act that connects the two. Part III will analyze the Third and Eighth Circuits’ conflicting interpretations of the 2010 amendment and why the Eighth Circuit’s commitment to textualism has disregarded Congress’s reasons for passing 42 U.S.C. § 1320a-7b(g).

Recommended Citation

Travis R. Linn, Snitches Get Stitches: An Analysis of The Eighth Circuit’s But-For Causation Requirement in False Claims Act Litigation “Resulting From” Anti-Kickback Violations, 76 Ark. L. Rev. (2023).
Available at: https://scholarworks.uark.edu/alr/vol76/iss3/7