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Can Employee Releases Bar False Claims Act Actions?

Client Alert | 1 min read | 03.15.06

Government contractors should take notice that recent court decisions indicate a possible shift in the law that may foretell greater success in using releases to bar False Claims Act qui tam actions by former employees. In their article “Employee Releases: A Tool Federal Contractors Can Use To Protect Themselves Against False Claims Act Liability” published in the February 21, 2006, BNA Federal Contracts Report (http://www.crowell.com/pdf/newsroom/FCR_Kunz-Goodman.pdf), Cathy Kunz and Jody Goodman of C&M discuss the jurisprudence that releases cannot be used to prevent former employees from bringing FCA actions against employers and analyze two recent decisions that diverge from this precedent and open the door for the enforcement of employee releases to bar qui tam actions.

Insights

Client Alert | 7 min read | 08.19.26

CMS’s Final Rule Bans Federal Medicaid Funding for Youth Gender-Affirming Care

On August 13, 2026, the Centers for Medicare and Medicaid Services (CMS) published its final rule banning the use of federal funds — through Medicaid and the Children’s Health Insurance Program (CHIP) — to pay for gender-affirming care for children and youth. The final rule takes effect October 13, 2026 (“Prohibition on Federal Medicaid and Children's Health Insurance Program Funding for Sex-Rejecting Procedures Furnished to Children”). While CMS finalized several key elements of its late-2025 proposed rule (Client Alert December 24, 2025), the proposed Medicare hospital Condition of Participation rule remains in proposed form....