Proper Economic Analysis In Anti-Kickback Statute Cases

Law360, New York (April 21, 2014, 1:37 PM EDT) -- In an increasing number of government investigations, the central allegation is that companies that do business with federal or state agencies, particularly in health care, defense contracting and energy industries, are offering remuneration to influence the referral of business from federal programs. As companies face ever-increasing scrutiny from government regulators and whistleblowers (who are often facilitated by aggressive plaintiff attorneys), investors must carefully assess the compliance risks of their portfolio companies. An analysis of the company's relationships and arrangements with its customers, its referral policies, and the claims data submitted to government payors can often help uncover lurking problems....

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