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Diagnosing Health Care PodcastAuthor: Epstein Becker Green Language: en Genres: Health & Fitness, Life Sciences, Medicine, Science Contact email: Get it Feed URL: Get it iTunes ID: Get it |
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How the FCA Now Threatens Health Care's DEI Programs
Episode 94
Thursday, 24 September, 2026
What General Counsel and Business Leaders Need to Know: A Familiar Tool, New Targets: The False Claims Act (FCA), long used to pursue fraud claims against health care institutions and government contractors, is now being extended to conduct that has never faced scrutiny under the FCA before. Through a "false certification" theory, the government is targeting diversity, equity, and inclusion (DEI) initiatives and significantly expanding the sectors in which employers now face FCA scrutiny. The Certification Trap: The U.S. government is adding language to funding forms and contracts requiring entities to certify they do not have illegal DEI programs. If an organization cannot show that its diversity initiatives align with federal civil rights law, falsely certifying that information can trigger FCA liability, which can come with treble damages and per-claim penalties. Unsettled Legal Ground Favors Defendants—for Now: No court has tested the government's materiality or scienter arguments in DEI-FCA cases. Early settlements involved conduct from 2017—before DEI executive orders— raising serious questions about how these elements can be proved in relation to initiatives that were lawful at the time. In this episode of Diagnosing Health Care, Epstein Becker Green attorneys Lauri F. Rasnick, Daniella R. Lee, Leah Brownlee Taylor, and Haley Morrison discuss Civil Investigative Demand protocols, how to document good-faith compliance without waiving privilege, and what general counsel and compliance officers should do this week to prepare. - Visit our site for related resources and email contact information: https://www.ebglaw.com/dhc94. Listen to the series and subscribe for email notifications: http://diagnosinghealthcare.com. - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. DIAGNOSING HEALTH CARE® is a registered trademark of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
