How a Court Ruling Could Silence Whistleblower Lawsuits
Healthcare Litigation attorney Henry Leventis was interviewed for a Modern Healthcare article unpacking the implications of a federal court decision that the qui tam provisions of the False Claims Act (FCA) are unconstitutional. The FCA establishes penalties for companies that defraud government programs such as Medicare and Medicaid, and its qui tam provisions allow individuals to sue an organization on behalf of the government as well as collect a share of the settlement. In her ruling, Judge Kathryn Kimball Mizelle of the U.S. District Court for the Middle District of Florida held that these provisions violate Article II of the U.S. Constitution, which requires the executive branch or a court to appoint a government representative.
Mr. Leventis commented on how the decision could affect the healthcare regulatory and enforcement landscape. Whistleblower provisions create strong incentives for healthcare companies to take misconduct reports seriously and consider self-reporting potential misconduct, he said, and if Judge Mizelle's analysis were applied more broadly, it would take away a key tool increasing transparency throughout the industry.
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