U.S. v. Sorensen

Defendant was found guilty of one count of conspiracy and three counts of offering and paying kickbacks in return for referral of Medicare beneficiaries to his orthopedic brace company under the federal Anti-Kickback Statute. The statute prohibits payments in return for referrals of patients for medical care that will be reimbursed under federal Medicare or Medicaid programs. The Seventh Circuit reversed, finding the evidence was insufficient because the individuals that were paid by defendant were advertisers and a manufacturer, so they were not physicians in a position to refer their patients and did not fall under the meaning of “referring” patients within the meaning of the statute. (JACKSON-AKIWUMI and PRYOR, concurring)