2023 False Claims Act Enforcement in Health Care and Life Sciences, Part I
In February 2024, the Department of Justice ("DOJ") announced the results of its 2023 False Claims Act ("FCA") enforcement efforts. Through those efforts, the government obtained more than $2.6 billion in overall recoveries, and of that amount, $1.8 billion came from health care and life sciences ("HCLS") stakeholders alone.
This White Paper—first in a three-part series—focuses on FCA enforcement in the HCLS industry. We will examine the 2023 results, how they differ from previous years in terms of monetary recoveries and DOJ's case mix, as well as the evolution of DOJ's priorities and judicial decisions impacting this area. In particular, Part I provides an overview of the 2023 recoveries; analyzes enforcement trends and priorities relating to the Anti-Kickback Statute and Stark Law, Medicare Advantage, cybersecurity, pandemic fraud, and private equity; and looks ahead to what we can expect to see in 2024.
Parts II and III, to be issued separately, will cover case highlights for notable 2023 FCA resolutions in the HCLS space and in-depth discussions of key FCA developments from the bench.
