One of the most common varieties of False Claims Act cases, resulting in some of the biggest judgments, are kickback cases. Doctors, pharmacies, hospitals, etc. are not allowed to take gifts, including cash, that may influence their medical judgment. Patients are entitled to unbiased advice. But, for example, if a doctor gets a cut every time he sends a patient to John Doe Hospital, he is probably going to direct his patients to that hospital.
If a doctor is receiving benefits from a pharmaceutical company, he is more likely to prescribe drugs from that company, even if the patient doesn't need them. And if the doctor is seen as prescribing more drugs, then the pharmaceutical company may be inclined to give even more benefits. It is this type of kickback that has not only defrauded Medicare and Medicaid out of millions of dollars, but, as this investigative report from Evan Hughes of the New York Times delves into, it has helped to fuel pill mills and the national opioid crisis.
If you are in the medical field, be on the lookout for such arrangements that appear to pay a medical practitioner something for nothing, or that are out of whack with what you would expect for the service being provided, especially if the payments are based on volume (e.g., the more referrals/prescriptions, the bigger the payment). These agreements frequently violate federal Stark and Anti-Kickback laws and can be the basis of a False Claims Act case.