MDN v. PRC

No. 94-2608.

673 So.2d 565 (1996)

MEDICAL DEVELOPMENT NETWORK, INC., Appellant, v. PROFESSIONAL RESPIRATORY CARE/ HOME MEDICAL EQUIPMENT SERVICES, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

May 22, 1996.


Attorney(s) appearing for the Case

Jeffrey Tew of Jeffrey Tew, P.A., Miami, for appellant.

Barbara Carey del Castillo of Broad and Cassel, Fort Lauderdale, for appellee.


WARNER, Judge.

The issue in this appeal from a summary final judgment is whether the "Public Relations Agreement" between appellant, Medical Development Network, Inc. (MDN), and appellee, Professional Respiratory Care/Home Medical Equipment Services, Inc. (PRC), violates 42 U.S.C.A. § 1320a-7b(b) (West 1991 & Supp.1996), the Medicare/Medicaid Anti-Kickback Statute, thereby rendering the agreement void and unenforceable as a matter of law. We hold that the...

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