On June 28, 2023, the U.S. Department of Justice (“DOJ”) and the U.S. Department of Health and Human Services, Office of Inspector General (“HHS-OIG”), along with other federal and state law enforcement partners, announced a nationwide health care fraud enforcement action targeting a variety of alleged health care fraud schemes. As has been the case over the last few years, DOJ and HHS-OIG have moved away from categorizing the enforcement action as a “takedown”. The government has not explained the naming change, but one explanation is that it is no longer properly considered a true “takedown” because the enforcement activity (charges, arrests) occurs over many weeks leading up to the day it is announced.
As usual, this year’s enforcement action does not focus exclusively on one type of alleged scheme, but rather is an amalgamation of distinct types of alleged health care fraud, packaged together as a coordinated effort. This year, the enforcement action focused on telemedicine, pharmaceuticals, opioids, durable medical equipment (“DME”), clinical laboratories and COVID-19-related conduct. All of these types of alleged schemes have been on DOJ’s radar for a number of years; see, for example, 2019’s Operation Double Helix and Operation Brace Yourself. Regardless, the broad array of types of alleged schemes targeted this year demonstrate that DOJ’s efforts continue to be wide-ranging, and no particular health care fraud scheme is the overwhelming focus.
The 2023 enforcement...
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