The Hanlester Network v. Donna E. Shalala, Secretary of the Department of Health and Human Services

TANNER, Senior District Judge:

Plaintiffs/appellants appeal the district court’s grant of summary judgment in favor of the Secretary, and denial of plaintiffs/appellants motion for summary judgment.

The issues presented are whether appellants violated the provisions of the Medicare-Medicaid anti-kickback statute by (1) offering or paying remuneration to physician limited partners to induce the referral of program-related business to limited partnership laboratories, or (2) soliciting or receiving remuneration “in return for” referrals by virtue of their management agreement with Smith-kline…