[co-author: Nija Chappel]
On February 1, 2022, the U.S. Department of Justice (DOJ) released its annual False Claims Act (FCA) enforcement statistics for fiscal year (FY) 2021.[1]
With collections amounting to $5.6 billion, FY 2021 marks DOJ’s largest annual total FCA recovery since FY 2014, and more than twice the $2.3 billion received in FY 2020. FY 2021 was also a record-shattering year for DOJ as it relates to health care fraud enforcement; over $5 billion (90% of the total) was obtained from cases pursued against individuals and entities in the health care and life sciences industries.
RECORD-SHATTERING YEAR FOR HEALTH CARE AND LIFE SCIENCES RECOVERIES
Largely due to blockbuster settlements with prescription opioid manufacturers (including a $2.8 billion resolution with one opioid manufacturer), DOJ recorded a record-shattering $5.1 billion in settlements and judgments, eclipsing the $1.9 billion recovered in FY 2020, from the health care industry.
Marking another record, DOJ’s health care recoveries in FY 2021 in non-qui tam actions ($3.6 billion) exceeded total qui tam recoveries, indeed, more than doubling that recovery ($1.5 billion).
DOJ’s press release specifically referenced recoveries in connection with specific health care enforcement priorities, including billing for unnecessary medical services, solicitation or payment of kickbacks to induce the purchase of goods or services paid for by federal health care programs, and risk adjustment fraud related to...
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