Health Affairs November 5, 2024
On September 30, 2024, a district judge in Florida held for the first time that lawsuits initiated by whistleblowers under the False Claims Act (FCA) are unconstitutional, dismissing a Medicare fraud case because the whistleblower was not a properly appointed federal officer under Article II of the U.S. Constitution. If affirmed by higher courts, the case could hamper efforts to address fraud and abuse in health care and limit how the federal government may protect public rights. This article explains the private enforcement action provisions of the FCA, summarizes Judge Mizelle’s holding in the case, United States v ex rel. Zafirov v. Florida Medical Associates, LLC, and discusses how the case could impact the U.S. health care system.
Background
Since...
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