In February 2023, the U.S. Department of Justice (DOJ) reported its annual False Claims Act (FCA) statistics for recoveries resulting from civil settlements and judgments in fiscal year (FY) 2022 (October 1, 2021 – September 30, 2022). The FCA is one of the DOJ’s most effective tools in combating false claims submitted to the government by individuals and companies. Most FCA cases brought by the government target those that operate in the healthcare industry. In FY 2022, total FCA recoveries exceeded $2.2 billion.
Whistleblowers remained critical to the government’s recovery efforts, with 652 qui tam matters filed in FY 2022. However, 296 cases were filed in FY 2022 as a result of government-initiated investigations; this figure represents the largest since 1993 and the highest proportion (31%) of total cases filed in a given year since 1996. This is due in no small part to enhancements to the government’s data analytics and data mining capabilities, which are increasingly effective at identifying outliers and anomalies in billing data that require further review and inquiry.
Similar to FY 2021, companies in the pharmaceutical industry accounted for a majority of the recoveries in FY 2022, and those recoveries most often related to alleged violations of the Stark Law and the Anti-Kickback Statute.
Download our “2022 False Claims Act Recoveries by the Numbers” for a graphic representation of total recoveries and cases over the last decade, as well as some key takeaways from the FCA statistics and DOJ’s recent press release regarding FY 2022 FCA recoveries.
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Bennett Thrasher’s Dispute Resolution & Forensics practice assists healthcare organizations with regulatory compliance, governmental investigations, litigation support and more. To learn how we can help, contact Patrick Braley or Chris Roane by calling 770.396.2200.