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Exchange Health Plans Subject to Anti-Kickback Laws?
Mintz Levin Link to more items from this source
Nov. 10, 2013
"The only thing for certain in the past several days is that stakeholders, lawmakers, and industry analysts alike are still unclear as to whether QHPs are, indeed, not 'federal health care programs,' and what activities will be permissible that would otherwise have been illegal under the anti-kickback statute. It is also not widely settled that the Secretary of HHS necessarily has the power to decide what 'is' or 'is not' a federal health care program as defined, which means this issue could be decided by the courts."

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