Are All Healthcare “Kickbacks” Subject to FCA Liability?

Host Jonathan Porter welcomes Georgia Deputy Attorney General Jim Mooney to the show to explore the intersection of the False Claims Act (FCA) and the federal Anti-Kickback Statute (AKS). Our discussion begins with an explanation of the enforcement framework at both the state and federal level and the purpose of the AKS. Jonathan and Jim then pivot to cover how the FCA and AKS can overlap in enforcement efforts and how kickbacks oftentimes operate as a predicate to FCA lawsuits.Our conversation then considers recent and pending litigation that could help healthcare and pharmaceutical industry leaders manage exposure to FCA and AKS liability, including issues related to causation, which is a key link that joins the FCA to AKS-related violations.Jonathan Porter BiographyFull BiographyJonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, where he uses his experience as a former federal prosecutor to guide clients in sensitive and enterprise-threatening litigation. At the Department of Justice, Jonathan earned a reputation as a top white collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.Jim Mooney BiographyFull BiographyJim Mooney has served as Georgia’s Deputy Attorney General of the Medicaid Fraud Division since June 2023, overseeing criminal and civil enforcement efforts related to fraud committed upon the Georgia Medicaid program. He joined Georgia’s Office of the Attorney General in 2013 and has prosecuted criminal healthcare fraud matters at both the state and federal level, including multiple jury trials. He has served as a Special Assistant U.S. Attorney in all three of Georgia’s federal districts. Jim also has extensive experience investigating and litigating civil matters brought under the Georgia False Medicaid Claims Act. Immediately prior to his appointment as Deputy, he served as the Assistant Director of the Medicaid Fraud Division.