Lexology August 2, 2023
Last year was not a great year for False Claims Act (FCA) recoveries by the Department of Justice (DOJ) overall, and in health care particularly: $2.207 billion in total FCA recoveries, the lowest since 2008, and, of that amount, $1.761 billion from health care matters, the lowest since 2009. Still, comprising almost 80% of all FCA recoveries, the health care industry continues to be a perennial focus for the DOJ in both criminal and civil enforcement.
DOJ’s FCA statistics have some additional lessons, especially with regard to health care cases. First, along with whistleblower “qui tam” cases,” DOJ continues to bring more “direct file” health care cases. Last year, DOJ brought 93 such cases, the 4th best year since 1987,...
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