Reuters
False Claims Act Liability: When Do Claims for Health Care Reimbursement 'Result From' Anti-Kickback Statute Violations?
September 25, 2025
The Department of Justice and Department of Health and Human Services recently renewed their False Claims Act (FCA) Working Group, reinforcing scrutiny of health care and life sciences companies, with a focus on Anti-Kickback Statute (AKS) violations. A circuit split has developed over whether FCA liability requires strict “but-for” causation between AKS violations and reimbursement claims, or only a looser “link.” Most circuits now favor the more stringent “but-for” standard, while the 3rd Circuit continues to apply the link test. As courts move toward the stricter view, DOJ and relators are increasingly relying on false certification theories to pursue FCA claims tied to AKS violations.
Contacts


Capabilities
Suggested News & Insights
Ninth Circuit Opens Door to FCA Liability for Alleged 340B OverchargesMarch 19, 2026Fourth Circuit Highlights Tougher Path to Dismissal of FCA Cases Post-SuperValuMarch 18, 2026Fifth Circuit Panel Produces Three Opinions Wrestling with Application of First to File BarMarch 13, 2026Sidley Wins a Trio of Awards at the 2026 Benchmark Litigation US AwardsMarch 12, 2026Strictly Enforcing Rule 9(b), Second Circuit Affirms Dismissal of FCA Claim Based on Allegedly Defective Medical DevicesMarch 4, 2026Court Grants Motion to Dismiss FCA Claim for Failure Adequately to Plead ScienterMarch 3, 2026
- Stay Up To DateSubscribe to Sidley Publications
- Follow Sidley on Social MediaSocial Media Directory
