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American Health Law Association's Health Law Weekly

Insurance Coverage Senior Counsel Tae Andrews, Partner and Vice Chair of Calfee’s Litigation practice group Fritz E. Berckmueller, and Partner and Leader of Calfee’s Health Care Regulatory practice Michael G. VanBuren co-authored an article published in the American Health Law Association’s Health Law Weekly on December 6, 2024, titled “Groundbreaking Ruling, Insurance Can Provide Relief for Health Care Providers Facing False Claims Act Suits.”

The article addresses a recent federal trial court decision in United States ex rel. Zafirov v. Florida Medical Associates, LLC, in which a qui tam relator sued her employer, a health care provider, alleging that the provider violated the False Claims Act (FCA) by misrepresenting patients’ medical conditions to Medicare. The provider moved for judgment, arguing that the FCA’s qui tam provision violated the U.S. Constitution, which requires “officers of the United States” to be appointed by the President, and the court granted the motion. Because the relator in this case was not appointed by the President, the court dismissed the case. This groundbreaking decision has been appealed to the Eleventh Circuit.

Whether the decision survives the appellate process and becomes a binding precedent or is overturned on appeal, health care organizations can take immediate steps to minimize their risk exposure. Calfee’s Insurance Coverage, Litigation, and Health Care Regulatory attorneys provide specific considerations and best practices for maximizing insurance recovery for FCA investigations and lawsuits in the article.

Read the full article.


Please contact a member of the team with any questions.

Tae Andrews is an experienced member of Calfee’s Insurance Coverage practice team, advising corporate insurance policyholder clients in multiple industries and litigating complex insurance disputes in both state and federal courts.

Fritz Berckmueller leads Calfee’s White-Collar Defense and Investigations practice, handling complex and high-stakes disputes and litigation for clients across the country.

Mike VanBuren leads Calfee’s Health Care Regulatory practice, representing hospitals, health systems, dialysis providers, pharmacies, device manufacturers and suppliers, physician groups and private practice physicians in corporate, business, regulatory and governmental relations matters.


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