Florida Supreme Court says state anti-kickback statute is unconstitutional
Compliance Monitor, May 24, 2006
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The Florida Supreme Court has found that the state's anti-kickback statue is unconstitutional, according to a press release issued by attorney Anthony C. Vitale, who represented the defense in this case. The state statute lacked two key components of the federal anti-kickback statute, according to the court. The first was a safe harbor provision and the second was the knowing and willful "mens rea" burden of proof requirement.
The decision was related to the case of State of Florida vs. Gabriel R. Harden. Harden was a dentist who was arrested as part of an operation called "Operation Tooth Decay." The dentists were accused of using their drivers to solicit and transport children to receive Medicaid reimbursable dental services.
The decision has the potential to affect 35 other state anti-kickback statutes, according to Vitale.
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