The US Department of Justice and Department of Health and Human Services have opened a six-month pilot intended to give healthcare companies a more predictable route for resolving self-disclosed civil False Claims Act exposure.
The programme, announced on October 22, requires a participant to give a detailed account of the potentially unlawful conduct, produce documents showing its nature and operation, describe remedial measures and make a financial repayment. The repayment multiplier will range from 1.25 to 1.6, depending on factors including the speed of disclosure, the scope and duration of the conduct, senior-management involvement, financial benefit and successor-liability issues.
In return, qualifying companies may receive a coordinated civil release covering the federal False Claims Act and specified HHS administrative authorities. The agencies say the structure is meant to reserve enforcement resources for actors that do not come forward while recognising companies that identify and remediate misconduct.
The pilot is limited to potential civil violations. Possible criminal healthcare misconduct must be reported through the Justice Department’s separate criminal self-disclosure process. A company that has already made a qualifying criminal disclosure will not be required to duplicate the same submission, although additional material may be requested if it also seeks a civil release.
Submissions are due by April 22, 2027. The department says late or incomplete disclosures will not be reviewed. The programme creates a framework for resolution, not immunity on demand: eligibility and the terms of any release remain tied to the completeness of the disclosure and the surrounding facts.
