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Sunday, June 21, 2026

2021 Recap: Hospitals' Significant False Claims Act Settlements | Bass, Berry & Sims PLC - JDSupra - JD Supra

Each year, the Department of Justice (DOJ) recovers millions of dollars through False Claims Act (FCA) settlements, and 2021 was no exception. Some of the most sizeable or otherwise noteworthy settlements from 2021 were with hospitals and health systems. We’ve summarized a few below.

Numerous Hospital Systems Resolved Kickback Allegations

FCA allegations premised on Anti-Kickback Statute (AKS) and Stark Law violations continued to result in sizeable settlements in 2021, particularly claims related to compensation in excess of fair market value.

In July, Akron General Health System agreed to pay $21.25 million to resolve FCA allegations that from 2010-2016 it compensated local physician groups in excess of fair market value in exchange for the referrals of patients, in violation of the AKS and Stark Law. Cleveland Clinic Foundation acquired the hospital system in 2015. According to the DOJ press release, it disclosed its concerns about the physician compensation arrangements to the government and received cooperation credit in the settlement, underscoring the importance of proactively addressing compliance issues.

The settlement also resolved related allegations made by a former director of internal audit in a qui tam action filed in the District Court for the Northern District of Ohio in December 2015. The relator alleged that Akron General and related entities used an “aggressive strategy” of purchasing physician practices and employing physicians, compensating them in...



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