Feds Clarify Process for Voluntary Self‑Disclosure of Healthcare Fraud Under FCA
DOJ and HHS have issued joint guidance that streamlines how healthcare defendants can voluntarily disclose criminal conduct to face FCA civil liability.
On October 15, 2026 the DOJ’s National Fraud Enforcement Division and the HHS Office of Inspector General jointly announced final guidance on the voluntary self‑disclosure process for criminal healthcare conduct under the False Claims Act (FCA). The memorandum sets forth a standardized procedure that parties must follow—from initial contact and discovery through documentation of corrective actions—to qualify for the program’s reduced liability and penalty relief. It clarifies the timing of disclosures, the information that must be included, the role of the Office of Inspector General in reviewing claims, and the timeframe for DOJ’s decision. The guidance also stipulates when a defendant may be ineligible, which is critical for clients with complex claims. Firms should review the memo with affected clients and prepare briefing documents to ensure compliance with the new procedural requirements before the 30‑day filing window opens. The clarified process represents a substantive shift in how the government will handle self‑disclosures, and will likely affect every healthcare law practice advising on FCA matters.