Risk Spectrum: The Relative Risks of Marketing Under the Anti-Kickback Statute

Some types of marketing pose greater risks than others under the Anti-Kickback Statute (AKS), says David Blank, a former senior attorney with the HHS Office of Inspector General (“CEO Settles CMP Case After Hospital FCA Settlement; OIG Cites Individual Accountability,” RMC 28, no. 29). “Generally, accurate and non-deceptive print advertising in general circulation media (such as periodicals or broadcast media) does not raise AKS concerns,” says Blank, with Quarles & Brady in Washington, D.C. “The level of scrutiny increases when the marketing or promotional activity focuses on specific items, services, or individuals. Marketing that involves direct contact with a physician in a position to order items that are paid for by a federal health care program is subjected to a higher level of scrutiny because of the potential impact on independent medical decision making. Think of a pharmaceutical or device manufacturer sales representative going to give a product pitch to a potential referral source.” Contact Blank at david.blank@quarles.com.

This document is only available to subscribers. Please log in or purchase access.


Would you like to read this entire article?

If you already subscribe to this publication, just log in. If not, let us send you an email with a link that will allow you to read the entire article for free. Just complete the following form.

* required field