A Major New FCA Action, the DOJ’s 2025 ‘National Health Care Fraud Takedown,’ and the First Appellate Court Decision Interpreting EKRA

August 19, 2025  |  New York Law Journal

In the most recent installment of his New York Law Journal column on developments in health care enforcement, Morvillo Abramowitz Grand Iason & Anello PC partner Robert M. Radick explores three significant developments. The article first discusses a False Claims Act lawsuit in which the Department of Justice alleges that major health insurers paid unlawful kickbacks so that brokers would steer Medicare Advantage beneficiaries to their plans while also limiting the number of disabled enrollees. The column next examines DOJ’s recent “2025 National Health Care Fraud Takedown,” in which the government announced criminal charges against more than 300 defendants in federal and state courts. Finally, the article unpacks the Ninth Circuit’s decision in United States v. Schena, the first case in which an appellate court has interpreted the Eliminating Kickbacks in Recovery Act (“EKRA”).

A Major New FCA Action, the DOJ’s 2025 ‘National Health Care Fraud Takedown,’ and the First Appellate Court Decision Interpreting EKRA