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Notable Settlement
Pharma & Medical Devices
$13 Million

RDx Bioscience — MSO and Marketing Kickbacks

Clinical Laboratory Pays Over $13 Million to Resolve Kickback Allegations

By Angie KellyLast updated: December 4, 2024

Source: U.S. Department of Justice

TL;DR: Clinical Laboratory Pays Over $13 Million to Resolve Kickback Allegations This case resulted in a $13 Million resolution and demonstrates the impact of whistleblower protections in recovering funds from fraud.

Summary

Clinical laboratory RDx Bioscience Inc. and its owner/CEO agreed to pay over $13 million (including a federal component and a New Jersey component) to resolve DOJ allegations involving illegal kickbacks and medically unnecessary testing billed to Medicare and Medicaid. DOJ described alleged kickback pathways that included commissions to marketers based on the volume/value of federal program referrals, purported MSO payments characterized as investment returns, payments framed as consulting or medical director fees, kickbacks tied to substance abuse recovery center referrals, and specimen collection fees paid to staff at referring providers.

Our Take

Lab kickback cases are rarely about a single bad arrangement—they're about a referral engine. The useful internal evidence is usually financial and operational: marketer agreements, compensation tied to "production," ROI-style MSO payments, provider-facing pitch materials, and ordering spikes that correlate with specific marketers or facilities. If you're seeing pressure to normalize payments as "consulting," "investment," or "collection fees," preserve the full context: who proposed the structure, how payments were calculated, and how ordering behavior changed after money started moving.

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Notice

The summaries above are based on publicly available information released by the U.S. Department of Justice and are provided for informational purposes only. They do not constitute legal advice, investigative findings, or allegations by Disclosure Strategy. Our commentary reflects general, experience-based observations about how False Claims Act matters commonly arise and is not a statement about any party's liability.