Georgia Whistleblower Wins Reinstatement of Lab Kickback Claim

A whistleblower can again press her claim that Georgia-based medical practices engaged in an unlawful kickback scheme by relying on services from laboratories the owner of the practices also owned, the Eleventh Circuit ruled Wednesday.

Whistleblower Monica McKoy alleged with sufficient particularity both a violation of the Anti-Kickback Statute and of the Stark Law, which bars doctors who have financial relationships with entities from making referrals to them, the US Court of Appeals for the Eleventh Circuit said in an unpublished per curiam opinion. The opinion affirmed a lower court’s dismissal in part and reversed it in part.

McKoy, a ...