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The Anti-Kickback Statute And [Obamacare]: A Law Enforcement Tool Suddenly Goes Missing
Forbes.com ^ | 11/13/13 | Robert Radick

Posted on 11/22/2013 1:49:25 PM PST by Behind Liberal Lines

Less than two weeks ago, one of the most potent resources that law enforcement has had at its disposal in the fight against health care fraud suddenly fell out of the government’s toolbox... HHS Secretary Kathleen Sebelius’s announcement...that insurance offered through the Affordable Care Act’s new health insurance exchanges do not constitute “Federal health care programs” and thus are not within the scope of the federal anti-kickback statute.

The significance of Secretary Sebelius’s decision is underscored by the critical role that the anti-kickback statute has long played in the government’s ability to impose significant penalties and obtain massive recoveries in the health care industry. Under the anti-kickback statute, any person or entity who receives, pays, offers or solicits anything of value in order to induce or reward the ordering or referral of products and services covered by federal health care programs is guilty of a felony, faces civil monetary penalties of up to $50,000 per violation, and may be the subject of a claim for treble damages under the False Claims Act...

the Secretary’s decision may have been intended to reward pharmaceutical companies for their support of health care reform.

(Excerpt) Read more at forbes.com ...


TOPICS: Crime/Corruption; Editorial
KEYWORDS: kickback; obamacare
the Secretary’s decision may have been intended to reward pharmaceutical companies for their support of health care reform.

Gee, ya think?

1 posted on 11/22/2013 1:49:25 PM PST by Behind Liberal Lines
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To: Behind Liberal Lines

She is not a court officer and not legally competent to make that decision.


2 posted on 11/22/2013 1:52:04 PM PST by Mouton (The insurrection laws perpetuate what we have for a government now.)
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To: Mouton

The full article says she consulted with Holder. Of course, while Holder is a court officer and should be competent to make such a decision, his clear partisanship and probable corruption would suggest he is not.


3 posted on 11/22/2013 1:54:23 PM PST by Behind Liberal Lines
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To: Behind Liberal Lines

Yeah, I did not read the entire article obviously. OK, so the justice department did not wish to pursue this matter based on his interpretation. Someone needs bring a qui tam suit and let’s see what they do with that. It may not have criminal sanctions but does have severe financial repurcusions.


4 posted on 11/22/2013 1:57:06 PM PST by Mouton (The insurrection laws perpetuate what we have for a government now.)
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To: Behind Liberal Lines

apparently Obamacare is exempt from corruption laws


5 posted on 11/22/2013 1:57:14 PM PST by GeronL (Extra Large Cheesy Over-Stuffed Hobbit)
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To: Behind Liberal Lines

The law is what we say it is whenever we say it, and not one second before or after..............


6 posted on 11/22/2013 2:00:07 PM PST by Red Badger (Proud member of the Zeta Omicron Tau Fraternity since 2004...................)
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To: Behind Liberal Lines

I suspect part of this is Obama’s inviting the insurers to the White House and then telling them to break the law regarding Obamacare’s requirements on policies.

I’ve kind of wondered why a qui tam action has not been filed against Obama and the insurers as a conspiracy to defraud the government. Certainly what he was conspiring to get them to agree with, besides being illegal, would have increased the risks to the program, which the federal government apparently has to indemnify the insurers for.


7 posted on 11/22/2013 2:11:55 PM PST by kaehurowing
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To: kaehurowing
Every announcement, every leak, every report following the Senate takeover is just more nails in America's coffin ...

A safety law doesn't apply ?

No kiddin'

8 posted on 11/22/2013 2:20:03 PM PST by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: knarf
"just more nails in America's coffin ...",/i>

I think we crossed the point of no return with the last election.

9 posted on 11/22/2013 2:22:54 PM PST by Baynative (Wake me up early, be good to my dogs and teach my children to pray.)
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To: Baynative

yup


10 posted on 11/22/2013 2:30:53 PM PST by knarf (I say things that are true .. I have no proof .. but they're true.)
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