In our annual report, we examine the data and explore health care enforcement trends and likely targets of government scrutiny for 2024 and beyond.
Health Care Enforcement
Trends & Analysis
Washington, DC
KSLovitch@mintz.com
+1.202.434.7324
Chair, Health Law Practice
& Co-Chair, Health Care Enforcement Defense Practice
Karen S. Lovitch
Increased focus on telehealth-related fraud, scrutiny of AI-driven healthcare systems, and attention to data privacy breaches within the healthcare sector could be notable trends in investigations and litigation for 2024. Rapid technological advancements may bring forth unique legal challenges. Keep an eye on industry updates for the latest developments.
A Letter from the Co-chairs
EnforceMintz —
© 2024 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo. P.C.
Mintz’s Health Care Enforcement Defense practice group reports on qui tam FCA cases, other government enforcement actions, and significant regulatory developments from the past year.
Subscribe to Insights
Learn more
Policy Developments
Editors
Boston, MA
BDunphy@mintz.com
+1.617.348.1810
Co-Chair, Health Care Enforcement Defense Practice
Brian P. Dunphy
Boston
SPKingsbury@mintz.com
+1.617.348.1829
Of Counsel
Samantha Kingsbury
Washington, DC
LJFreedman@mintz.com
+1.202.434.7372
Member
Laurence Freedman
Boston, MA
JBKoss@mintz.com
+1.617.210.6855
Managing Director, E-Data Consulting Group
John Koss
San Francisco, CA
DCody@mintz.com
+1.415.432.6114
Member
Daniel Cody
Boston
GRCampion@mintz.com
+1.617.348.1785
Associate
Grady R. Campion
Contributors
Boston, MA
CSFlashner@mintz.com
+1.617.348.1605
Member
Cory S. Flashner
Boston, MA
NALaPalme@mintz.com
+1.617.348.1706
Associate
Nick LaPalme
Boston
LEMartin@mintz.com
+1.617.348.1633
Associate
Laura Martin
Boston
JTHaviland@mintz.com
+1.617.348.4473
Associate
Jane Haviland
Washington, DC
TDKupupika@mintz.com
+1.202.434.7431
Associate
Trust D. Kupupika
Boston, MA
EPBeirne@mintz.com
+1.617.348.1707
Member / Co-chair, White Collar Defense and Government Investigations Practice
Eoin P. Beirne
Boston, MA
KMcGinty@mintz.com
+1.617.348.1688
Co-Chair, Class Action Practice & Member, Health Care Enforcement Defense Practice Boston
Kevin M. McGinty
Health Care Enforcement Trends & 2024 Outlook
DOJ and OIG Guidance Emphasizes the Importance of a Robust and Dynamic Compliance Program
Health Care Enforcement Trends & Analysis
EnforceMintz —
DOJ’s Efforts in 2023 to Incentivize Voluntary Self-Disclosure
DOJ’s Continued Focus on Individual Accountability
DOJ’s Limited Use of NPAs and DPAs in Criminal Health Care Investigations
Read HERE
Read HERE
Read HERE
Read HERE
© 2022 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo. P.C.
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To Top
Tele-Fraud Enforcement in 2023 Remained Focused on Same Schemes as Years Past
Read HERE
Despite Few Enforcement Actions in 2023, PE Investment in Health Care Remains a Hot Topic
Read HERE
2023 Brings Uptick in Cybersecurity Enforcement, Insight Into Potential Risks
Read HERE
Government Scrutiny of Medicare Advantage Organizations Expected to Continue in 2024
Read HERE
COVID-19 Fraud Enforcement Unlikely to Slow Down in 2024
Read HERE
Tech Corner: Q&A with Mintz’s E-Discovery Pro Regarding Artificial Intelligence
Read HERE
Artificial Intelligence and False Claims Act Enforcement
Read HERE
A 2023 Legislative Push to Address AI in Health Care Will Continue in 2024
Read HERE
Practical Lessons Learned from FCA Litigation in 2023
Read HERE
Some of 2023’s Largest FCA Resolutions Involved Stark Law Allegations
Read HERE
Enforcement Agency
Areas of
Enforcement Focus
False Claims Act Jurisprudence
Developments in
Future Enforcement Priority?
Artificial Intelligence:
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Mintz’s Health Care Enforcement Defense practice group is proud to present the latest issue of EnforceMintz, our regular newsletter analyzing current events, highlighting trends, and predicting future developments related to health care fraud enforcement. EnforceMintz reports on qui tam cases brought under the False Claims Act (FCA), other government enforcement actions, and significant regulatory developments.
For the first time, we also examine trends and predictions in enforcement related to the fast-moving utilization of artificial intelligence (AI). The use of AI in health care — and related enforcement activities — may evolve as quickly as AI itself. Demonstrating the pace of change, since our annual predictions last year, AI has exploded into the public consciousness and quickly materialized into practical use in many industries, including health care. The pace of AI’s progress is astonishing to observe.
As in past years, this installment reflects on health care enforcement trends and predicts how health care enforcement may evolve and where enforcement authorities will focus their efforts and resources in years to come. We also offer practical guidance about what these trends and predictions mean for health care providers, payors, and other stakeholders.
While we are closely watching AI trends, and we predict AI enforcement trends in this issue, we opted to also go to the source: we asked ChatGPT for its predictions related to AI-related health care enforcement in 2024 and beyond. ChatGPT predicts the following:
Relators may raise concerns about AI in healthcare, particularly if there are issues related to data privacy, biased algorithms, or unethical practices. False Claims Act lawsuits could emerge if there are allegations of fraudulent activities, but it’s speculative at this point. Monitoring developments in AI healthcare ethics is crucial.
We also asked ChatGPT what health care fraud investigation and litigation trends ChatGPT predicts for 2024. We found ChatGPT’s response relatively interesting:
We at least agree with ChatGPT that everyone should keep an eye on industry developments. Hopefully, you will find our take on industry trends and developments discussed in this issue both practical and informative.
Karen Lovitch and Brian Dunphy
Co-Chairs, Health Care Enforcement Defense Practice
We appreciate your questions and feedback on these trends and predictions, and we would be glad to discuss this issue of EnforceMintz. Please feel free to contact us at KSLovitch@mintz.com or BDunphy@mintz.com. We look forward to hearing from you.
The next edition of EnforceMintz — False Claims Act Statistical Year In Review — will analyze trends in FCA cases using data compiled by Mintz in its Qui Tam Database and DOJ’s annual report of FCA enforcement activity, which is typically released in the first quarter of each year. View the statistical edition here.
In this issue, we survey important enforcement agency policies and guidance covering compliance, self-disclosure, and individual accountability; discuss key areas of enforcement focus, including Medicare Advantage, cybersecurity, private equity investors in health care, and tele-fraud; and examine developments in FCA investigations, settlements, and case law.
Read Our Report
Boston, MA
NEHenry@mintz.com
+1.617.348.1867
Associate
Nicole E. Henry
© 2024 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo. P.C.
Share to Social:
Mintz’s Health Care Enforcement Defense practice group reports on qui tam FCA cases, other government enforcement actions, and significant regulatory developments from the past year.
Health Care Enforcement Trends & Analysis
EnforceMintz —
Subscribe to Insights
Learn more
Boston, MA
KMcGinty@mintz.com
+1.617.348.1688
Co-Chair, Class Action Practice & Member, Health Care Enforcement Defense Practice Boston
Kevin M. McGinty
Boston
LEMartin@mintz.com
+1.617.348.1633
Associate
Laura Martin
Boston, MA
NALaPalme@mintz.com
+1.617.348.1706
Associate
Nick LaPalme
Washington, DC
TDKupupika@mintz.com
+1.202.434.7431
Associate
Trust D. Kupupika
Boston, MA
JBKoss@mintz.com
+1.617.210.6855
Managing Director, E-Data Consulting Group
John Koss
Boston, MA
NEHenry@mintz.com
+1.617.348.1867
Associate
Nicole E. Henry
Boston
JTHaviland@mintz.com
+1.617.348.4473
Associate
Jane Haviland
Washington, DC
LJFreedman@mintz.com
+1.202.434.7372
Member
Laurence Freedman
Boston, MA
CSFlashner@mintz.com
+1.617.348.1605
Member
Cory S. Flashner
San Francisco, CA
DCody@mintz.com
+1.415.432.6114
Member
Daniel Cody
Boston
GRCampion@mintz.com
+1.617.348.1785
Associate
Grady R. Campion
Boston, MA
EPBeirne@mintz.com
+1.617.348.1707
Member / Co-chair, White Collar Defense and Government Investigations Practice
Eoin P. Beirne
Contributors
Boston
SPKingsbury@mintz.com
+1.617.348.1829
Of Counsel
Samantha Kingsbury
Boston, MA
BDunphy@mintz.com
+1.617.348.1810
Co-Chair, Health Care Enforcement Defense Practice
Brian P. Dunphy
Washington, DC
KSLovitch@mintz.com
+1.202.434.7324
Chair, Health Law Practice
& Co-Chair, Health Care Enforcement Defense Practice
Karen S. Lovitch
Editors
COVID-19 Fraud Enforcement Unlikely to Slow Down in 2024
Read HERE
Tele-Fraud Enforcement in 2023 Remained Focused on Same Schemes as Years Past
Read HERE
Despite Few Enforcement Actions in 2023, PE Investment in Health Care Remains a Hot Topic
Read HERE
2023 Brings Uptick in Cybersecurity Enforcement, Insight Into Potential Risks
Read HERE
Government Scrutiny of Medicare Advantage Organizations Expected to Continue in 2024
Read HERE
Enforcement Focus
Areas of
Practical Lessons Learned from FCA Litigation in 2023
Read HERE
Some of 2023’s Largest FCA Resolutions Involved Stark Law Allegations
Read HERE
False Claims Act Jurisprudence
Developments in
Tech Corner: Q&A with Mintz’s E-Discovery Pro Regarding Artificial Intelligence
Read HERE
Artificial Intelligence and False Claims Act Enforcement
Read HERE
A 2023 Legislative Push to Address AI in Health Care Will Continue in 2024
Read HERE
Future Enforcement Priority?
Artificial Intelligence:
DOJ’s Limited Use of NPAs and DPAs in Criminal Health Care Investigations
Read HERE
DOJ’s Continued Focus on Individual Accountability
Read HERE
DOJ’s Efforts in 2023 to Incentivize Voluntary Self-Disclosure
Read HERE
DOJ and OIG Guidance Emphasizes the Importance of a Robust and Dynamic Compliance Program
Read HERE
Policy Developments
Enforcement Agency
Karen Lovitch and Brian Dunphy
Co-Chairs, Health Care Enforcement Defense Practice
The next edition of EnforceMintz — False Claims Act Statistical Year In Review — will analyze trends in FCA cases using data compiled by Mintz in its Qui Tam Database and DOJ’s annual report of FCA enforcement activity, which is typically released in the first quarter of each year. View it here.
We appreciate your questions and feedback on these trends and predictions, and we would be glad to discuss this issue of EnforceMintz. Please feel free to contact us at KSLovitch@mintz.com or BDunphy@mintz.com. We look forward to hearing from you.
We at least agree with ChatGPT that everyone should keep an eye on industry developments. Hopefully, you will find our take on industry trends and developments discussed in this issue both practical and informative.
Increased focus on telehealth-related fraud, scrutiny of AI-driven healthcare systems, and attention to data privacy breaches within the healthcare sector could be notable trends in investigations and litigation for 2024. Rapid technological advancements may bring forth unique legal challenges. Keep an eye on industry updates for the latest developments.
We also asked ChatGPT what health care fraud investigation and litigation trends ChatGPT predicts for 2024. We found ChatGPT’s response relatively interesting:
Relators may raise concerns about AI in healthcare, particularly if there are issues related to data privacy, biased algorithms, or unethical practices. False Claims Act lawsuits could emerge if there are allegations of fraudulent activities, but it’s speculative at this point. Monitoring developments in AI healthcare ethics is crucial.
While we are closely watching AI trends, and we predict AI enforcement trends in this issue, we opted to also go to the source: we asked ChatGPT for its predictions related to AI-related health care enforcement in 2024 and beyond. ChatGPT predicts the following:
For the first time, we also examine trends and predictions in enforcement related to the fast-moving utilization of artificial intelligence (AI). The use of AI in health care — and related enforcement activities — may evolve as quickly as AI itself. Demonstrating the pace of change, since our annual predictions last year, AI has exploded into the public consciousness and quickly materialized into practical use in many industries, including health care. The pace of AI’s progress is astonishing to observe.
In this issue, we survey important enforcement agency policies and guidance covering compliance, self-disclosure, and individual accountability; discuss key areas of enforcement focus, including Medicare Advantage, cybersecurity, private equity investors in health care, and tele-fraud; and examine developments in FCA investigations, settlements, and case law.
As in past years, this installment reflects on health care enforcement trends and predicts how health care enforcement may evolve and where enforcement authorities will focus their efforts and resources in years to come. We also offer practical guidance about what these trends and predictions mean for health care providers, payors, and other stakeholders.
Mintz’s Health Care Enforcement Defense practice group is proud to present the latest issue of EnforceMintz, our regular newsletter analyzing current events, highlighting trends, and predicting future developments related to health care fraud enforcement. EnforceMintz reports on qui tam cases brought under the False Claims Act (FCA), other government enforcement actions, and significant regulatory developments.
A Letter from the Co-chairs
Read Our Report
In our annual report, we examine the data and explore health care enforcement trends and likely targets of government scrutiny for 2024 and beyond.
Health Care Enforcement Trends & 2024 Outlook
Health Care Enforcement
Trends & Analysis
EnforceMintz —