Sectors
Foley & Lardner LLP attorneys Lori Garber, Daniel Kaplan, and Kara Sweet authored American Bar Association’s Health Law Today article, “Federal Contractor DEI Settlements: Why Health care Providers Should Pay Attention,” analyzing recent DOJ enforcement of DEI-related employment practices under the False Claims Act (FCA).
The article explores how the DOJ and relators may extend discrimination-related FCA theories to the health care industry, potential challenges to those theories, and steps providers can take to prepare for potential investigations and enforcement actions.
“Health care providers face additional urgency: CMS’s new nondiscrimination requirements for GME and NAH programs create an explicit regulatory link between Medicare payments and civil-rights compliance,” the authors write. “Organizations that review and, where necessary, remediate their programs now will be better positioned to defend against both FCA liability and potential loss of Medicare reimbursement.”
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