As we reported in our recent client alert, the Trump administration has made clear that it is committed to using the False Claims Act (FCA) to prosecute healthcare fraud. Two recent Trump administration moves give important insight into what that will look like for industry participants. In quick succession, the administration announced the creation of a new interagency False Claims Act Working Group and then announced a National Health Care Fraud Takedown, charging 324 defendants with allegations of over $14.6 billion of healthcare fraud. In this alert we cover key aspect of these two moves and what they signal for the future.
The Department of Justice (DOJ) and the Department of Health and Human Services (HHS) jointly announced the formation of an interagency FCA Working Group (Working Group) on July 2, 2025. According to the government, the Working Group will be jointly led by the general counsel of HHS, the chief counsel to the HHS Office of Inspector General (HHS-OIG), and DOJ’s deputy assistant attorney general of the Commercial Litigation Branch. Close observers will recall that the Working Group is essentially a reconstitution of a group established during the first Trump administration, and the Working Group’s mission is comparable to its earlier mission: to facilitate HHS referrals to DOJ regarding potential FCA violations in specific areas:
- Medicare Advantage
- Drug, device, or biologics pricing, including arrangements for discounts, rebates, service fees, and...
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