United States Third Circuit

In a fraudulent claim action brought under the False Claims Act, district court's grant of summary judgment for defendant is reversed where: 1) the service arrangement between plaintiff Kosenske's former employer and defendant implicates the Stark Act and the Anti-Kickback Acts regarding claims submissions following referrals by a physician having a financial relationship with the service provider; and 2) the service arrangement did not satisfy the personal service exception to the Stark Act and the safe harbor provision of the Anti-Kickback Act.

Appellate Information

• Argued 10/31/2008
• Decided 01/21/2009
• Published 01/21/2009

Judges

• Before SLOVITER, STAPLETON and TASHIMA, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Gregory M. Simpson (Argued), Simpson Law Firm, LLC, Jonesboro, GA, and Andrew M. Stone, Stone Law Firm, LLC, Pittsburgh, PA, for Appellant Ted D. Kosenske., D. Brian Simpson, Office of the U.S. Attorney, Harrisburg, PA, for Amicus Curiae United States of America.


• For Appellees:
  
• Larry B. Selkowitz (Argued), James W. Saxon, Stevens & Lee, Harrisburg, PA, for Appellees.