United States Ex Rel. Obert-Hong v. Advocate Health Care

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that the doctors signed employment contracts requiring them to refer patients to the hospital and that the anti-kickback statute was not designed to regulate hospital-physician employment relationships
• noting disagreement over whether false certifications of compliance with Stark and the AKS can give rise to a FCA claim.
• “[The Stark Act] contains an exception for isolated transactions. Purchasing a doc tor’s practice outright would seem a quintessential example.”
• “To comply 20 with the AKS, the hospital must simply pay fair market value for the practice’s assets.”
• “The Stark and Anti– Kickback statutes are designed to remove economic incentives from medical referrals . . . .”
• a court may “infer that any excess 1 over fair value is intended to induce referrals” under the AKS

Source: CourtListener parenthetical corpus (CC0).