In February 2024, the Department of Justice (“DOJ”) shared the outcomes of its enforcement efforts in 2023 under the False Claims Act (“FCA”). The DOJ was able to recover over $2.6 billion in total, with $1.8 billion of that sum coming from stakeholders in the health care and life sciences (“HCLS”) sector.

Jones Day has released the third segment of its White Paper series titled “2023 False Claims Act Enforcement in Health Care and Life Sciences.” In the initial section of the White Paper, Jones Day presents an overview of the DOJ’s FCA enforcement activities within the HCLS industry throughout 2023. This includes a comparison of enforcement actions to previous years in terms of financial recoveries, the mix of cases handled by the DOJ, as well as the changing priorities and legal decisions that influenced this field.

The second part of the White Paper delves deeper into the key trends highlighted in the first section. It explores specific 2023 FCA cases related to the Anti-Kickback Statute and Stark Law, Medicare Advantage (Part C), cybersecurity, pandemic-related fraud, and the increasing public discourse from federal regulators concerning private equity and corporate involvement in the health care and life sciences domain.

Lastly, in Part III, Jones Day offers detailed discussions on significant FCA developments observed from the judicial perspective. This includes insights on cases such as Schutte, Polansky, causation issues, and other relevant topics.

It is important to note that the insights provided by Jones Day should not be considered as legal advice for any particular situation. The information presented is meant for general knowledge purposes only and should not be cited or referenced in other publications or legal proceedings without the firm’s prior written consent. To seek permission for reprinting or reusing any of the insights, individuals can use the “Contact Us” form available on Jones Day’s website. Additionally, receiving this Insight does not establish an attorney-client relationship, and the opinions expressed are personal views of the authors, not necessarily reflective of the Firm’s stance.