Amgen Brings Kickback Case to the Supreme Court

Amgen has filed a cert. petition with the U.S. Supreme Court, asking it to review a First Circuit decision that held that Amgen could be held liable for claims involving kickbacks–money, discounts, and incentives that Amgen paid to doctors–allegedly submitted by unknowing hospitals.  Amgen argues in its petition that the claims should have been paid, even if there was an underlying kickback, so long as the doctor provided the services.

Critics promptly responded that such an interpretation would render the Anti-Kickback Statute toothless.