Articles and Blogs

In United States ex rel. O’Connor v. USCC Wireless Investment, Inc., relators filed a qui tam action under the False Claims Act (“FCA”). On February 11, 2025, the D.C. Court of Appeals (the “Court”) affirmed a district court’s ruling that (1) a previous lawsuit had raised substantially the same allegations, triggering the FCA’s public... READ MORE

On February 14, 2025, the United States Court of Appeals for the Fourth Circuit (the “Court” or “Fourth Circuit”) issued a significant ruling in United States ex rel. Rosales v. Amedisys North Carolina, clarifying how the first-to-file rule applies to qui tam actions under the False Claims Act (“FCA”). The Court determined that the... READ MORE

In United States of America ex rel. Cheryl Taylor v. Healthcare Associates of Texas, LLC, the U.S. District Court for the Northern District of Texas (the “Court”) upheld a jury verdict finding Healthcare Associates of Texas, LLC (“HCAT”) liable under the False Claims Act (“FCA”). However, in a significant ruling for health care providers... READ MORE

On January 15, 2025, the Department of Justice (“DOJ”) announced that it recovered over $2.9 billion in False Claims Act (“FCA”) related settlements and judgments in the fiscal year ending September 30, 2024 (“FY2024”). The 2024 recovery amount exceeds the previous year’s recovery of $2.68 billion, with the number of settlements and judgments coming in at 558. Whistleblowers... READ MORE

On January 1, 2025, the Centers for Medicare and Medicaid Services’ (“CMS”) new 60-Day Rule became effective. The 60-Day Rule states several changes, with some changes significantly impacting False Claims Act (“FCA”) liability. Background CMS’s 60-Day Rule is a regulation under the Affordable Care Act (“ACA”) that requires health care providers and suppliers to... READ MORE

The Federal District Court for the Middle District of Florida (“the Court”) in United States ex rel. Zafirov v. Florida Medical Associates, LLC et al., recently held that a relator’s role as set forth in the False Claims Act’s (“FCA”) qui tam provision is unconstitutional under Article II’s Appointments Clause and dismissed the case.... READ MORE

Beginning on August 1, 2024, the Department of Justice (“DOJ”) launched a three-year Corporate Whistleblower Awards Pilot Program (the “Program”). This initiative expands the opportunity for health care whistleblowers, adding private health insurance claims to their quiver. It does so by allowing whistleblowers to report corporate misconduct to the DOJ’s Criminal Division through their... READ MORE

A Special Master for the Central District Court of California granted a motion to compel the disclosure of investigative documents that are no longer under seal in the course of an ongoing False Claims Act claim. UnitedHealth Group, Inc., et al. (“United”) filed a motion to compel the United States (“government”) to produce documents... READ MORE

On July 5, 2024, the Eighth Circuit Court of Appeals (“the Court”) ruled that a $7.5 million award of treble damages and civil penalties in an Iowa FCA case was unconstitutional due to the Eighth Amendment’s prohibition against “excessive fines.” The Court also examined other matters, including the acceptability of statistical sampling and the... 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