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Tuesday, April 22, 2025

Health Care False Claims Act Statistical Year in Review - Lexology

As 2024 Overall New Cases and Investigations Surge to Record Highs, Health Care Cases Continue to Drive Largest False Claims Act Recoveries

The post-pandemic increase in False Claims Act (FCA) case activity roared on with a vengeance during the federal fiscal year (FY) ended September 30, 2024. As reported in the annual statistical report published by the Department of Justice (DOJ) FY 2024 saw the highest number of qui tam cases ever filed under the FCA’s whistleblower provisions, leading to unprecedented overall FCA activity. While health care case volume grew moderately, the overall increase in reported volume appears again to have resulted primarily from cases alleging fraud and abuse arising from the pandemic-relief Paycheck Protection Program (PPP). These results extend an anomalous recent trend where health care cases no longer constitute a majority of new FCA cases and investigations. However, for settlements and judgments in FY 2024, health care cases continue to account for the vast majority of FCA recoveries, which underscores the higher stakes at play in health care fraud and abuse litigation.

Record qui tam case volume led to overall record volume in FY 2024. For the second year in a row, DOJ reported a large spike in total new FCA cases. Even as the number of government cases and investigations slightly declined, 979 new qui tam cases were filed during FY 2024, an annual total that, standing alone, exceeds the total of all new cases and investigations in each...



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