Alerts1.15.26
Sixth Circuit Reaffirms FCA Qui Tam Constitutionality as Eleventh Circuit Qui Tam Challenge Intensifies
Highlights
- Sixth Circuit reaffirms False Claims Act (FCA) qui tam constitutionality: The appellate court held that long-standing circuit precedent forecloses Article II challenges to the FCA’s whistleblower provisions and dismissed the parties’ petitions for an interlocutory appeal on this issue in two separate cases.
- Eleventh Circuit constitutional challenge intensifies: In United States ex rel. Zafirov v. Florida Medical Associates, LLC, the Eleventh Circuit heard oral arguments on whether a district court ruling holding that the FCA’s qui tam provision violates Article II should be upheld, a decision that could have national implications.
- Continued exposure for FCA defendants in the Sixth Circuit: Healthcare providers and other defendants should expect qui tam actions to proceed absent en banc or Supreme Court intervention.
On January 9, 2026, the U. S. Court of Appeals for the Sixth Circuit denied two petitions for interlocutory appeal in In re TriHealth, Inc. , et al. , reaffirming long-standing circuit precedent that the FCA’s qui tam provision does not violate Article II of the U. S. Constitution. This decision allows private relators to continue to pursue FCA claims on behalf of the United States within the Sixth Circuit and underscores the emerging divide among federal courts as constitutional challenges to the FCA’s enforcement framework steadily increase.
Background
The interlocutory appeal petitions arose from two FCA actions filed against Ohio-based healthcare providers, including TriHealth, Inc. , in which the defendants sought to dismiss the cases on constitutional grounds.
Background
The interlocutory appeal petitions arose from two FCA actions filed against Ohio-based healthcare providers, including TriHealth, Inc. , in which the defendants sought to dismiss the cases on constitutional grounds.
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