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Health Law Keyed to Furrow
Unites States v. Starks (Defendant)
Facts
Starks (Defendant) was employed by the Florida Department of Health and Rehabilitative Services in a federally funded research project counseling pregnant women about drug abuse treatment. Siegel (Defendant) was the president of a corporation that developed and operated drug addiction treatment programs. Siegel (Defendant) began giving Starks (Defendant) $250 for each patient she referred to his program. Starks (Defendant), Siegel (Defendant,) and others were convicted by a federal grand jury of conspiring against the United States (Plaintiff) for offering to pay compensation for referral of Medicare patients and for soliciting and receiving such referral payments. Starks (Defendant) appealed, claiming that the district court committed reversible error when it refused to instruct the jury that, because of the antikickback statute's mens rea requirement, Starks (Defendant) had to have known that the referral arrangement violated the antikickback statute in order to be convicted, and because the Social Security Act's prohibition on paid referrals, when considered together with the Act's safe harbor provision, was unconstitutionally vague.
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