Anti-Fraud Health Weapon Survives Constitutional Fight

Litigation attorney Jessica Sievert was quoted in a Law360 article recapping a federal appellate court decision striking down a district court's ruling that the qui tam provisions of the False Claims Act (FCA) are unconstitutional. The U.S. Court of Appeals for the Eleventh Circuit disagreed with a Florida judge's ruling that the FCA's qui tam provisions violate the Appointments Clause, finding instead that whistleblowers do not unlawfully exercise executive authority when they sue on behalf of the government, even when the U.S. Department of Justice (DOJ) declines to intervene. Professionals interviewed by Law360 talked about the relief the outcome brings for the relators' bar, particularly in the healthcare industry, where the qui tam mechanism plays a central role in deterring and prosecuting fraud. Jessica, who previously litigated healthcare fraud cases for the DOJ, cautioned against celebrating too much, however, given the Eleventh Circuit remanded other questions about the Take Care Clause and Vesting Clause to the lower court and other circuits are actively considering qui tam constitutionality.

"This decision is really just another chapter in the constitutionality challenges to qui tam enforcement," she commented.

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