The False Claims Act's Seal Provisions Upheld
Client Alert | 1 min read | 04.04.11
The False Claims Act contains seal provisions that require every qui tam complaint to be filed under seal for a 60-day period, which is often extended many times over, to give the Department of Justice an opportunity to investigate the allegations and intervene, if it chooses. In ACLU v. Holder (Mar. 28, 2011, http://pacer.ca4.uscourts.gov/opinion.pdf/092086.P.pdf), the Fourth Circuit, in a 2-1 decision, rejected arguments that these provisions violate the public’s First Amendment right of access to judicial proceedings or infringe the authority of federal courts to decide whether a particular complaint should be unsealed in violation of the Constitution’s separation of powers clause, noting that the seal provisions are narrowly tailored because, inter alia, relators are precluded only from publicly discussing the filing of the suit and not from disclosing the existence of the fraud.
Insights
Client Alert | 2 min read | 02.03.26
CMS Doubles Down on RADV Audit Changes
On January 27, 2026, the Centers for Medicare and Medicaid Services (CMS) released a Health Plan Management System (HPMS) memo that provided a long-awaited update on how the agency plans to approach previously announced Risk Adjustment Data Validation (RADV) audits for Payment Years (PY) 2020-2024. The memo is the agency’s most comprehensive statement on the subject since September 25, 2025, when the Northern District of Texas vacated the 2023 RADV Final Rule. The memo makes clear that, while CMS has made certain operational adjustments in response to concerns expressed by Medicare Advantage Organizations (MAOs), the agency is largely pressing forward with the accelerated audit strategy announced in May 2025.
Client Alert | 2 min read | 02.03.26
Sedona Model Jury Instructions for DTSA: A Step Forward—But Questions Remain
Client Alert | 7 min read | 01.30.26
CMS Proposes CY 2027 Growth Rate and Changes to Risk Adjustment for Medicare Parts C and D
Client Alert | 4 min read | 01.30.26
Optimum’s Shot Across the Bow: An Antitrust Challenge to Cooperation Agreements
