DOJ and HHS Launch Healthcare FCA Self-Disclosure Pilot
The six-month pilot (submissions due April 22, 2027) offers civil False Claims Act resolution for previously unknown HHS-program misconduct at a 1.25-1.6x repayment multiplier, with no CIA and no required factual admissions.
On October 22, 2026, DOJ's Civil Division and HHS opened the Healthcare False Claims Act Self-Disclosure Pilot Program (FCA SDPP), accepting submissions through 11:59 p.m. on April 22, 2027 for conduct potentially violating the FCA in connection with HHS-funded federal health care programs. The protocol requires six categories of submission information and offers repayment at 1.25 to 1.6x a "Base Self-Disclosure Repayment," with no civil monetary penalties, no Corporate Integrity Agreement, and no required factual admissions — favorable compared with DOJ's discretionary cooperation-credit framework under Justice Manual 4-4.112 and the HHS-OIG Self-Disclosure Protocol. Sophisticated counsel will note significant open questions: eligibility turns on conduct not already known to the government, so a sealed qui tam complaint can render a disclosure ineligible after submission; sampling methodology for extrapolated damages is unspecified; AKS-related disclosures require documenting remuneration and revenue; individual practitioners' eligibility is unresolved; CMS permissive-exclusion releases are not promised; and no review or resolution timeline is given. The pilot also arrives alongside DOJ's new whistleblower incentive program, which may surface misconduct before a company can disclose. Companies with undisclosed exposure should model eligibility and damages methodology now and prepare a pivot to standard self-disclosure credit.