In United States ex rel. Roshan v. E. Tex. Med.
Ctr., 2020 U.S. Dist. LEXIS 252092, 2020 WL 8918651
(E.D. Tex. (Nov. 24, 2020)), a Texas federal court partially
dismissed a relator's claim alleging the defendants engaged
in various billing and referral practices that violated the False
Claims Act (FCA), the Stark Law, and Anti-Kickback Statute (AKS).
While dismissing certain of the relator's claims for failure
to plead with the requisite particularity, the court allowed the
case to proceed on the allegations concerning a single practice
purchase compensating the seller for “future referrals”
and pressure on the employee relator himself to refer more
hospital-based procedures. This case serves as reminder that
healthcare providers should always be cautious when discussing
patient referrals, particularly when negotiating financial
arrangements with physicians.
