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Feb. 28, 2023

Ga. Ruling Reveals Legal Shortcomings Of Kickback Test

By Gabriel L. Imperato


In an article published on Feb. 27, 2023 in Law360, Gabe Imperato discusses a recent decision by a Georgia federal court to address, for the first time, the apparent contradiction between the one-purpose test and the safe harbor regulations in compliance with the federal Anti-Kickback Statute.

"The court concluded that the per se application of the one-purpose test must give way to the requirement that one must engage in knowing and willful conduct in order to violate the Anti-Kickback Statute," said Imperato. "The court essentially exposed the legal shortcomings of the one-purpose test and pointed out how it can lead to liability for activities that do not violate the Anti-Kickback Statute. The case is expected to go to trial later this year, and perhaps we have not heard the last word on the one-purpose test and the application of the federal Anti-Kickback Statute."

Subscribers to Law360 can read the full article here.