The U.S. Courts of Appeal Have Been Busy: Top Health Care Fraud Decisions of 2025 (so far)

The Federal appellate courts have weighed in on a number of interesting health care fraud and abuse issues in early 2025. Polsinelli has pulled together a panel of lawyers who actively litigate health care matters to discuss the top five court opinions that could affect your business. 

*CLE Credit Pending

Agenda Topics:

The panel plans to discuss the following cases:

United States v Sorensen (7^th Cir.)

• Analyzing the scope of the Federal Anti-Kickback Statute (“AKS”) including what is a “referral” in the sales and marketing context

United States ex rel Vanderlan v Jackson HMA (5^th Cir.)

• Discussing the government’s ability to dismiss qui tam actions over relator objections

United States v Hall (5^th Cir.)

• Ruling on the burden of proof when compliance with the AKS is based upon compliance with a safe harbor and the scope of the employment safe harbor

United States v Regeneron Pharmaceuticals, (128 F.4th 324, 1^st Cir.)

• Weighing-in on the contentious issue of causation for False Claims Act damages based upon alleged AKS violations

Pharmaceutical Coalition for Patient Access v United States, 126 F.4th 947 (4th Cir.)

• Discussing the application of the AKS to benefits given to beneficiaries in a challenge to an HHS Office of the Inspector General advisory opinion