Search
Medicaid Monitor
Monday, October 5, 2026 · Updated 6:11 AM MT · 39 stories today
Mon, Oct 5 · 39 stories todayPRO
← All stories
LegalOctober 2, 2026

Eleventh Circuit Upholds False Claims Act's Qui Tam Provisions

The Eleventh Circuit reversed a district court ruling and held that False Claims Act whistleblowers (relators) are not "Officers of the United States" subject to the Constitution's Appointments Clause, in United States ex rel. Zafirov v. Florida Medical Associates. The court reasoned relators do not occupy a continuing government position, they lack a permanent office, government salary, or ongoing duties, and their recovery is a contingent, case-specific bounty rather than compensation for institutional service. The case, which originated as a Medicare fraud action, was remanded to the district court to address separate Take Care Clause and Vesting Clause challenges. The ruling preserves qui tam enforcement authority within the Eleventh Circuit, though other constitutional challenges to the FCA framework remain pending on remand and in other circuits.

Why it mattersHealth care providers and Medicaid/Medicare managed care entities should expect whistleblower-initiated False Claims Act litigation to remain a significant enforcement and compliance exposure within the Eleventh Circuit, even as related constitutional challenges continue to develop elsewhere.

Finance

Read the full article at hallrender.com →
Share this briefing

You might also like

← All stories

Get the daily briefing.