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Florida Supreme Court says antikickback statute unconstitutional
Ambulatory Surgery Reimbursement Update, May 31, 2006
The Florida Supreme Court has found that the state's antikickback statue is unconstitutional, according to a press release issued by attorney Anthony C. Vitale, who represented the defense in a recent case. The state statute lacked two key components of the federal antikickback statue, 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 v. Gabriel R. Harden. Harden is one of several dentists arrested for their participation in a program called "Operation Tooth Decay." The dentists were accused of using their drivers to solicit and transport children to receive Medicaid-reimbursable dental services, in an effort to defraud Medicaid.
The decision has the potential to affect 35 other state antikickback statues, according to Vitale.
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