When Constitutional Theory Collides With Health Care Accountability—The False Claims ...
jamanetwork.com
The False Claims Act's qui tam provisions pit constitutional separation-of-powers theory against whistleblower accountability — and the collision could reshape how America polices healthcare fraud.
Separation of PowersPrincipal-Agent ProblemPublic Choice TheoryConstitutional Originalism
Theory Briefing
- The FCA allows private 'relators' to sue on the government's behalf for fraud, splitting enforcement power between citizens and the state.
- Constitutional theory questions whether empowering private relators violates the separation of powers by delegating executive prosecutorial authority to individuals.
- The outcome of this legal tension could determine how billions in government healthcare fraud are detected and recovered each year.