STATISTICAL TRENDS IN FALSE CLAIMS ACT LITIGATION -

FCA case activity for 2021 reveals seemingly contrary trends. For the federal fiscal year (FY) that ended September 30, 2021, the DOJ annual report on FCA enforcement activity (FCA FY 2021 Report) touts record recoveries in FCA cases. At the same time, both DOJ-reported statistics and the health care–related qui tam litigation activity tracked in our internal Health Care Qui Tam Database (the Mintz Database) show a decline in the number of cases being brought. When we look more closely at data from the Mintz Database for cases unsealed in 2021, we see some subtle changes in rates of government intervention and in the types of defendants, but consistency in who is bringing the cases. Taken together, these trends show that FCA litigation continues to have a substantial impact on the health care industry, even as the total number of new cases has declined.