Are the qui tam provisions of the False Claims Act constitutional? A Florida judge just said no

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A federal court in Florida has lashed out at federal whistleblower programs by dismissing a mundane False Claims Act case against a medical practice on the grounds that the qui tam provisions of the FCA are unconstitutional.

The ruling, handed down by U.S. District Court Judge Kathryn Kimball Mizelle for the Middle District of Florida, is just the latest attack on the popular program, which is designed to help root out abuse among businesses that contract with the federal government, including medical practices that treat Medicare and Medicaid patients, and suppliers for the Department of Defense.

The qui tam provisions give those who witness violations of the FCA the right to bring a lawsuit against alleged bad actors, and if the Department of Justice decides to pursue the lawsuit, to receive a portion of the fines. The program reaped $2.2 billion for the government in 2022, considered on the low side.

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