FCA Enforcement Trends in Healthcare: Record-Breaking Recoveries and Settlements, Lessons Learned, Mitigating Risks

Ms. Papish concentrates her practice on matters involving healthcare fraud and abuse and white-collar defense. Notably, she has significant experience working on a range of high-stakes, complex civil and commercial litigation matters and government and internal investigations. Ms. Papish regularly represents clients in False Claims Act litigation and related civil and criminal investigations by the U.S. DOJ, HHS-OIG, FDA, DEA, and other federal and state regulators. Her work is concentrated on the healthcare and life sciences industries but has spanned a number of others, including technology and financial services.

Mr. Porter focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, with an emphasis on matters within the healthcare industry. As a former federal prosecutor with the DOJ, he was a key member of multiple international healthcare fraud takedowns and prosecuted a series of high-profile financial crime cases. Mr. Porter also handled major civil investigations and litigation against companies and individuals under the False Claims Act, resulting in record-breaking settlements and judgments. He now uses that experience to guide clients through federal investigations of all kinds, to litigate cases against and involving the government, and to run effective and right-sized internal investigations for corporations. Many of Mr. Porter’s clients are in the healthcare industry, including health systems, physician groups, and other healthcare companies, along with medical professionals and executives. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group.

Mr. Williams represents companies in complex commercial litigation and governmental enforcement matters. He is a commercial litigator with specialty experience in False Claims Act (FCA) investigations and litigation. From 2015 through 2023, Mr. Williams was a Trial Attorney in the Fraud section of the U.S. DOJ Civil Division. In that role, he had significant responsibility for advancing FCA investigations and litigation across a range of federal programs and enforcement regimes. His FCA investigation and litigation experience involved traditional areas of enforcement such as Medicare Part C, Medicaid, and Stark/AKS, as well as less frequent areas of enforcement. Since joining the firm, Mr. Williams has contributed to FCA matters involving programs within a range of federal agencies, including the Department of State, the FCC, the FDA, and the intersection of the FCA and bankruptcy. He recently co-authored "The Coming Era of Anti-Kickback Statute Enforcement" for National Law Journal.