D.C. Circuit Issues Major Decision on Anti-Kickback Statute, Beneficiary Inducement Statute, and OIG Advisory Opinion Deadlines

Key Takeaways The D.C. Circuit adopted broad ordinary meanings of “induce” and “remuneration” under the Anti-Kickback Statute, joining the Second and Fourth Circuits in rejecting narrower, corruption-focused interpretations. The court held that OIG’s analysis of Vertex’s Fertility Support Program under the Beneficiary Inducement Statute was arbitrary and capricious because the agency failed to meaningfully engage with the Promotes Access to Care exception. The court struck down … Continued