Blowing the Whistle on Qui Tam Litigation Under the False Claims Act

On September 30, 2024, the U.S. District Court for the Middle District of Florida delivered a landmark ruling that could significantly alter the landscape of False Claims Act (“FCA”) litigation and healthcare compliance generally. Specifically, the District Court ruled that the qui tam provision found within the FCA is unconstitutional under the Appointments Clause of Article II of the United States Constitution. The ruling is the first of its kind in the FCA landscape, and it is important that healthcare providers stay informed in order to best determine how to proceed with FCA qui tam litigation and general healthcare compliance in the current legal environment.