Kaiser Comments on AKS’ Applicability to Drug Rebate Programs

Jeff Kaiser was interviewed by Part B News for the article, “In trend, court limits drug rebate AKS charges to easier ‘but-for’ standard.”

Drug rebate programs have come under scrutiny as being implicated by the anti-kickback statute (AKS). A recent circuit court of appeals ruling determined that unless it can be proven that a kickback from a pharmaceutical company caused a doctor to prescribe a drug, the AKS does not apply.

“Every time a Circuit Court of Appeals makes a ruling like this, there is the potential that district courts in other Circuits which have not yet addressed the issue can be influenced to follow the court’s ruling,” Jeff said. “District courts within Circuits which have addressed the issue are of course bound by their own Circuit Court’s ruling.”

To read the article, click here.