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Sunday, April 26, 2026

The False Claims Act and Health Care: 2022 Recoveries and 2023 ... - JD Supra

At US$1.8 billion, the health care industry again accounted for the lion’s share of recoveries

in FY 2022 (80% of the aggregate total).9 However, this was the lowest amount for health

care-related10 recoveries since FY 2009.11 As in the past, the government pursued a wide

array of health industry entities and providers with its civil fraud enforcement efforts in FY

2022. Over the course of the year, it targeted pharmaceutical manufacturers,12 health

1 U.S. DEP’T OF JUST., FRAUD STATISTICS OVERVIEW (Feb. 7, 2023), https://www.justice.gov/opa/press- release/file/1567691/download. This sum reflects only federal recoveries; Medicaid recoveries are not accounted for in

this figure. Id.

2 Press Release, U.S. Dep’t of Just., False Claims Act Settlements and Judgments Exceed $2 Billion in Fiscal Year 2022

(Feb. 7, 2023), https://www.justice.gov/opa/pr/false-claims-act-settlements-and-judgments-exceed-2-billion-fiscal-year- 2022

3 See John H. Lawrence et. al, The False Claims Act and Health Care: 2021 Recoveries and 2022 Outlook, K&L GATES

(Apr. 7, 2022), https://www.klgates.com/The-False-Claims-Act-and-Health-Care-2021-Recoveries-and-2022-Outlook-4-7-

2022 (“The US$5.6 billion in recoveries reported by the United States Department of Justice (DOJ) in its 1 February 2022

press release is more than double the US$2.2 billion recovered in FY 2020, and is the second largest total recovery ever

recorded.”).

4 31 U.S.C. §§ 3729-33.

5 Setting aside FY 2021, civil fraud recoveries have...



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