Jack Carrel v. AIDS Healthcare Foundation, Inc.

WILLIAM PRYOR, Circuit Judge:

*1269 This appeal requires us to decide whether the employee exemption to the Anti-Kickback Statute, 42 U.S.C. §§ 1320a-7b(b)(3)(B), applies to payments that AIDS Healthcare Foundation, Inc., made to an employee tasked with referring HIV-positive patients to healthcare services offered by the Foundation. The Foundation is a nonprofit group that contracts with the State of Florida to provide an extensive array of medical services to patients with HIV/AIDS. The contracts require the Foundation to match patients who test positive for the disease with suitable providers of…