On February 7, 2023, the Department of Justice (DOJ) announced its annual False Claims Act (FCA) recoveries for fiscal year 2022. DOJ recovered $2.2 billion from a total of 351 settlements and judgments—the second-highest number of settlements and judgments in a single year. Of the $2.2 billion, more than $1.7 billion—or roughly 77%—in settlements and judgments related to matters that involved the healthcare industry. Whistleblower cases continued to comprise the vast majority of the FCA cases filed. In fiscal year 2022, whistleblowers filed 652 qui tam suits and recovered over $488 million. Over $1.9 billion of the $2.2 billion in settlements and judgments arose from lawsuits that were filed under the qui tam provisions of the FCA.
Healthcare Industry Recoveries
Although the recovery of $2.2 billion is a significant drop from the previous year’s recovery of $5.7 billion, which was an aberration, the near-record number of 351 settlements and judgments in one year indicates that FCA enforcement activity has not slowed down. Significantly, healthcare fraud remained a leading source of FCA settlements and judgments. The $1.7 billion in healthcare industry recoveries included drug and medical device manufacturers, durable medical equipment, home health and managed care providers, hospitals, pharmacies, hospice providers, and physicians. DOJ noted that the $1.7 billion reflects recoveries arising only from federal losses and does not include the amounts recovered for states in...
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