DOJ Kickback Concerns Extend Beyond Federal Funds

The federal government has expressed growing interest in pursuing enforcement actions focused on alleged kickbacks in the health care industry that it cannot reach with its tried-and-true lever, the Anti-Kickback Statute.

Specifically, where alleged kickback arrangements do not implicate federal funds, the U.S. Department of Justice increasingly is turning to the Travel Act and the Eliminating Kickbacks in Recovery Act, or EKRA.