DOJ Announces Reinvigorated False Claims Act Cooperation with the Department of Health and Human Services
On July 2, 2025, the U.S. Department of Justice (“DOJ”) announced the renewal of the DOJ-HHS False Claims Act Working Group, a partnership with the U.S. Department of Health and Human Services (“HHS”) that aims to strengthen use of the FCA to combat healthcare fraud. This is an initiative that was first announced during the first Trump administration, and follows the announcement of significant personnel changes at DOJ, as discussed here.
DOJ Continues to Leverage Polansky in Seeking (c)(2)(A) Dismissals
As discussed here, there is new leadership at DOJ and last week we got insight into when DOJ is moved to exercise its dismissal authority under 31 U.S.C. § 3730(c)(2)(A). In March, DOJ moved to dismiss the relator’s FCA case in United States ex rel. Vermont National Telephone Co. v. Northstar Wireless LLC. The district court referred the motion to a magistrate judge and the magistrate recommended that the district court grant DOJ’s motion. The magistrate’s recommendation was grounded in the Supreme Court’s decision in United States ex rel. Polansky v. Executive Health Resources (previously covered here), which holds that DOJ is entitled to substantial deference in seeking dismissal of qui tam actions when it offers reasonable arguments that the burdens of continued litigation outweigh its benefits. The relator objected to the magistrate’s decision and, on June 25, DOJ filed its response (the “Response”).