In our annual report, we examine health care enforcement trends, predict how health care enforcement may evolve, and offer practical guidance about what these trends and predictions mean for health care providers, payors, and other stakeholders.
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A Letter from the chair
Mintz's Health Care Enforcement Defense Practice Group is proud to present the latest edition of EnforceMintz, our regular newsletter analyzing current events, highlighting trends, and predicting future developments related to health care enforcement. EnforceMintz reports on False Claims Act (FCA) investigations and litigation, other government enforcement actions, and significant regulatory developments and court decisions related to health care enforcement.
As in past years, this edition reflects on health care enforcement trends and predicts how health care enforcement may evolve and where enforcement authorities will focus their efforts and resources in years to come. It also offers practical guidance about what these trends and predictions mean for the health care and life sciences industries.
Consistent with our past predictions, the Trump administration prioritized the pursuit of health care fraud and abuse in both the criminal and civil contexts in 2025, which is not surprising given that the pursuit of health care fraud and abuse has always had bipartisan support. While we continued to see FCA settlements and litigation in now-familiar areas such as Medicare managed care fraud, Trump's Department of Justice (DOJ) took the unprecedented step of using its enforcement authority to pursue the president's political priorities. For example, in July DOJ announced that it had sent subpoenas to over 20 health care providers performing transgender medical procedures on children and pledged to hold them accountable for "mutilat[ing] children in the service of a warped ideology."
At her Senate confirmation hearing in January 2025, Pam Bondi stated that she would "defend the constitutionality" of the FCA if confirmed as attorney general, and she has kept that promise. Constitutional challenges to the FCA's qui tam provisions — particularly in declined cases — are picking up steam, and DOJ has intervened when necessary to make its case. Both sides of the FCA bar are watching these cases closely, and this important constitutional question ultimately may reach the US Supreme Court.
In this edition, we discuss the most significant health care enforcement developments of 2025 and our predictions for 2026. Some of the 2025 developments we cover represent long-standing enforcement priorities, while others signal emerging trends. We also cover regulatory policy developments, including DOJ's continued focus on cooperation and self-disclosure, and case law developments from 2025 that may come to a head in 2026.
The next edition of EnforceMintz — our annual False Claims Act Statistical Year in Review — will analyze trends in FCA cases using data from DOJ's recently released annual report on FCA settlements and judgments.
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