The False Claims Act and Health Care: 2023 Recoveries and 2024 Outlook

On 22 February 2024, the US Department of Justice (DOJ) published the statistics for federal civil fraud recoveries in Fiscal Year (FY) 2023. The DOJ announced that the “government and whistleblowers were party to 543 settlements and judgments, the highest number of settlements and judgments in a single year.” Despite the high number of settlements and judgments, FY 2023 saw the third lowest recovery amount in the last decade. As with prior years, the numbers highlight the general downward trend of False Claims Act (FCA) civil fraud recoveries. Remarkably, FY 2023 had the lowest percentage of health care-related new matters since 1995. Nevertheless, the US$1.8 billion in settlements and judgments involving the health care industry accounted for more than two-thirds of total recoveries.

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