On June 24, 2026, the Office of Inspector General (“OIG”) for the U.S. Department of Health and Human Services (“HHS”) published a Request for Information (“RFI”) seeking public input on whether OIG should add or modify its regulatory safe harbors for the Federal anti-kickback statute (“AKS”) or statutory exceptions to the Beneficiary Inducements Civil Monetary Penalties Law (“Beneficiary Inducements CMP”) for remuneration provided to individuals in connection with clinical trial participation.

The RFI sits within HHS’s broader clinical trial reform initiative. Dubbed “Operation Trailblazer”, HHS’s initiative seeks to strengthen U.S. leadership in early clinical research and development. To accomplish that goal, HHS created a Roadmap, which identifies the ways to modernize regulatory processes, encourage more efficient trial practices, better leverage existing data and technologies, and improve patient access and engagement in clinical trials. To increase clinical trial participation, HHS proposes expanding decentralized and hybrid trial models, embedding research in community-based settings, using telehealth, remote monitoring, AI-enabled tools, and real-world data. The roadmap also identifies patient financial burdens—including co-payment obligations for standard-of-care services delivered during a trial, tax issues, possible Medicaid eligibility impacts, and geography—as structural barriers to clinical trial access and retention.

On April 30, 2026, the Department of Justice (“DOJ”) announced the creation of the West Coast Health Care Fraud Strike Force, a coordinated enforcement initiative focused on healthcare fraud in Arizona, Nevada, and Northern California. The initiative brings together DOJ’s Health Care Fraud Unit and the relevant U.S. Attorney’s Offices

2026 has opened with unmistakable signals that False Claims Act (“FCA”) enforcement in the health care sector is accelerating. On January 16, 2026, the Department of Justice (“DOJ”) announced a record-breaking $6.8 billion in FCA settlements and judgments for fiscal year (“FY”) 2025—the largest annual total in the statute’s history

On January 21, 2026, the Office of Inspector General (“OIG”) for the U.S. Department of Health and Human Services (“HHS”) submitted its Fall 2025 Semiannual Report to Congress, identifying investigative outcomes relating to HHS program administration and operations during the six‑month period from April 1, 2025 through September 30, 2025. Similar to

The Office of Inspector General (“OIG”) recently issued advisory opinion 25‑12 (“the Opinion”), which addresses a home care agency’s plan to advertise and pay sign‑on bonuses to prospective attendant‑employees, many of whom are family members of Medicaid beneficiaries who would also select the agency for their relative’s Medicaid‑covered services.  OIG

[This blog post was originally published on Proskauer’s Government Contractor Compliance & Regulatory Update blog here.]

The U.S. Department of Justice (the “DOJ”), Civil Division, has started issuing Civil Investigative Demands (“CIDs”) to federal contractors and grant recipients, seeking detailed information about their diversity, equity, and inclusion (“DEI”) practices. This move is part

The Department of Justice’s (“DOJ”) May 19, 2025 “Civil Rights Fraud Initiative” memorandum, issued by Deputy Attorney General Todd Blanche (the “Initiative”), marks a consequential policy shift for False Claims Act (“FCA”) enforcement. The Initiative instructs every U.S. Attorney’s Office to “aggressively pursue” compliance with federal civil rights laws, as those laws have been interpreted by the Supreme Court under the 2023 Harvard admissions decision. The effect of this order is to treat a recipient’s knowing violation of federal civil rights laws as a “false claim” whenever that recipient has certified, impliedly or expressly, that it would comply with those laws as a condition of receiving federal dollars.

On May 21, 2025, the Centers for Medicare and Medicaid Services (“CMS”) announced a significant expansion of its auditing efforts with respect to Medicare Advantage (“MA”) plans.

For newly initiated audits of MA plans, CMS will audit all eligible MA contracts for each payment year. Additionally, for audits already initiated

The First Circuit has issued its long-anticipated opinion in United States v. Regeneron Pharmaceuticals, Inc., clarifying the standard for establishing False Claims Act (“FCA”) liability based on Anti-Kickback Statute (“AKS”) violations.  The First Circuit held that an AKS violation must be the “but-for” cause of a claim for it

[This post has been re-published from Proskauer’s “Government Contractor Compliance & Regulatory Update” blog: DEI and Government Contractors: A High-Stakes Shift | Government Contractor Compliance & Regulatory Update.]

While much of the focus on President Trump’s recent Executive Order on Ending Illegal Discrimination and Restoring Merit-Based Opportunity (the “EO”)