Using the False Claims Act to second-guess what patients need: Hungry relators, outsized DOJ recoveries, and the adverse consequences for American health care

The FCA’s aggressive use in health care cases by both the government and private parties means that nowadays, allegations go well beyond “fraud” in any traditional sense of that word, allowing the government and relators’ lawyers to retroactively second-guess physician decision-making, all the while wielding the formidable threat of treble damages and potentially crippling penalties.