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Stark exception

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Judge doubles down on finding of materiality in FCA case

Photo of Sarah Jean Kilker (US)
By Sarah Jean Kilker (US) on September 26, 2017

Federal courts continue to grapple with applying the “materiality” standard that is needed to cause a Stark Law violation or other underlying compliance matter to trigger False Claims Act liability. Although we have recently begun to gain a clearer view…

Federal district court endorses Stark liberalization of writing requirement

Photo of Debbi Johnstone (US)Photo of Elise LeGros (US)
By Debbi Johnstone (US) & Elise LeGros (US) on March 29, 2017

On March 15, a federal district court in the Western District of Pennsylvania endorsed CMS commentary from November 2015 that dramatically liberalized the “written agreement” requirement of core Stark exceptions, thus providing some new insights as to what may be…

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