More Developments in the Constitutional Challenge to the False Claims Act, and Appellate Consideration of the Scope of the Antikickback Statute
June 22, 2026 | New York Law Journal
In the latest edition of his New York Law Journal column, Morvillo Abramowitz partner Rob Radick examines two important healthcare enforcement developments. First, he discusses the Third Circuit’s consideration of a constitutional challenge to the False Claims Act’s qui tam provision in United States ex rel. Penelow v. Janssen Products LP, one of two pending appellate cases that could fundamentally affect future of FCA enforcement. He also analyzes the oral argument in Vertex Pharmaceuticals Inc. v. U.S. Department of Health and Human Services, in which the D.C. Circuit is considering whether the Antikickback Statute reaches only corrupt arrangements, or instead extends to any remuneration intended to influence medical decision-making. Together the decisions in these cases may have profound effects on the scope and limits of two of the government’s most powerful healthcare enforcement tools.
