DOJ and HHS OIG Enforcement Actions in 2023

Even well-intentioned surgeons can trigger False Claims Act inquiries, and the Feds are watching closely; here’s how you can avoid trouble

What

In 2023, the U.S. Department of Justice (DOJ) and the HHS Office of the Inspector General (OIG) continued their focus on violations of the False Claims Act (FCA) by health care organizations. In fact, according to law firm McDermott Will & Emery’s 2023 Enforcement Trends Recap, payments to settle FCA violations reached $1.8 billion. Cases were about violations of anti-kickback statutes, the Stark Law, medical necessity, and Medicare billing false claims. Enforcement actions included entities paying non–fair market value for rent on office space and paying above fair market value for physician consulting or medical director arrangements. Understanding enforcement trends can help physician practices maintain compliance with these laws to minimize the possibility of violations.

When

The McDermott Will report, released on February 28, 2024, follows trends and contributors to health care FCA violations in Fiscal Year 2023.

Key Highlights