Recent DOJ Memos Likely to Impact Healthcare Whistleblower Cases

​Two internal memoranda from the U.S. Department of Justice (DOJ) shine light on how the department intends to prosecute, or opt to dismiss, pending and future civil enforcement actions, according to a February 28, 2018, article by the law firm Baker Donelson. The healthcare industry is likely to be impacted by these documents because it relies on manuals and subregulatory guidance and often deals with qui tam matters—a lawsuit brought by a person, often a whistleblower, against another person or company who has allegedly violated a government regulation when there is a law that provides a penalty for the violation. The first memo emphasizes to DOJ attorneys that they have a responsibility to seek dismissal of cases over the objection of a relator, even though the department has hesitated in the past to exercise its authority to do so.