In an article published in Healthcare Risk Management’s August edition, Veronica Nannis discussed the current landscape of FCA enforcement, including a rise in opioid-related fraud litigation, a steady stream of Covid-relief cases, and what’s next after a recent executive order.
Pandemic-related fraud remains a top government priority, Veronica explained, with more than $250 million recovered in 2024 alone in Paycheck Protection Program (PPP) and related fraud. She also noted a growing number of fraud cases involving Anti-Kickback Statute violations.
“We are seeing several eye-popping settlements in the opioid litigation front as well as in PPP cases and Anti-Kickback cases,” she said. “Opioid litigation appears to be a nearly bipartisan enforcement priority that has now spanned numerous administrations, given the opioid epidemic’s tragic consequences on the population.”
Meanwhile, a recent executive order threatens to “turn the FCA on its head” from pursuing fraud on the government to policing diversity, equity, and inclusion programs used by private companies who contract with the government, Veronica said. “It is too early to tell if there will be any FCA cases filed under this EO, let alone any successful cases, based on this new priority.”
Both plaintiff and defense attorneys have raised concerns about the vague language in the EO and its potential to upend decades of civil rights protections. “If any of these FCA cases are filed, they should face significant and meritorious defenses,” she explained.
Read the full article “Misuse of Opioids Leading to More Fraud Investigations”.
