Articles and Blogs

In July 2025, the United States Department of Justice (“DOJ”) announced that it had issued “more than 20 subpoenas” to health care providers involved in the provision of gender-affirming care to minors. On August 18, 2025, one of these subpoenas—issued to a children’s hospital in Pennsylvania (the “Hospital”)—was included in a court filing that... READ MORE

Health care and other federal funding recipients now face escalating legal risk in their implementation of diversity, equity and inclusion (“DEI”) programs. The Executive Branch continues to reshape the enforcement of civil rights laws in this space, beginning with Executive Orders as discussed here, followed by directives to the Department of Justice (“DOJ”) and... READ MORE

The United States Department of Justice (“DOJ”) recently settled part of a qui tam lawsuit under the False Claims Act for alleged violations of the Medicare “14-Day Rule” for $388,667. From March 2012 to November 2023, a laboratory and health system allegedly delayed submitting physician orders for certain laboratory testing until 14 days after patients’ hospital... READ MORE

On April 15, 2024, the Criminal Division of the Department of Justice (“DOJ”) issued a new pilot program to incentivize individuals to come forward with voluntary disclosures (the “Program”). Under this Program, individuals with criminal exposure who come forward and report misconduct that was otherwise unknown to the DOJ may be eligible to receive... READ MORE

On February 22, 2024, the Department of Justice (“DOJ”) announced that it recovered over $2.68 billion in False Claims Act (“FCA”) settlements and judgments during the 2023 federal fiscal year. Notably, this amount stems from the highest number of settlements and judgments in a single year, including 543 settlements and judgments during this last... READ MORE

On December 18, 2023, the Federal Trade Commission and the Antitrust Division of the Department of Justice (together, the “Agencies”) released their finalized Merger Guidelines (the “Final Guidelines”). The Final Guidelines contain updates to the draft merger guidelines (the “Proposed Guidelines”) that the Agencies released in July 2023. The Final Guidelines are a significant... READ MORE

On July 19, 2023, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (together, the “Agencies”) released the long-awaited redraft of the Horizontal Merger Guidelines (the “Proposed Merger Guidelines”). The Agencies originally announced their intention to revise their merger guidelines in January 2022. The Proposed Merger Guidelines are... READ MORE

In an effort to not only establish a uniform standard for how U.S. Attorney Offices (“USAOs”) assess and credit voluntary self-disclosures but to also incentivize early and voluntary self-disclosure of corporate criminal misconduct, the Department of Justice (“DOJ”) has implemented a new Voluntary Self-Disclosure (“VSD”) Policy to be used by USAOs nationwide (the “Policy”).... READ MORE

On February 7, 2023, the Department of Justice (“DOJ”) announced that it recovered over $2.2 billion in False Claims Act (“FCA”) related settlements and judgments in the federal fiscal year 2022. While this is less than half of the previous year’s recovery of $5.6 billion, the number of cases settled was the second highest... READ MORE

On September 2, 2022, the Office of the Inspector General (“OIG”) published a study assessing potential Medicare program integrity risks related to the proliferation of telehealth services during the first year of the COVID-19 pandemic. OIG identified 1,714 providers with billing practices deemed “high risk” to the Medicare program. These providers billed approximately 500,000... READ MORE