Health care providers sued under the False Claims Act (FCA) are often subjected to multiple “copy cat” lawsuits filed by different persons, but all based on the same allegations raised in an earlier-filed lawsuit. The FCA contains a “first-to file” rule prohibiting that tactic. The rule states that when an individual files a “qui tam” claim under the FCA, “no person other than the Government may intervene or bring a related action based on the facts underlying the pending action.” 31 U.S.C. § 3730(b)(5).

A recent federal court decision highlights the potential for defendants to invoke the first-to-file rule to fight back against copy cat FCA lawsuits. Although the case did not involve a federal health care program, the decision nonetheless is instructive and useful for health care providers who may become involved in FCA litigation.