Brett Barnett
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Eleventh Circuit Upholds False Claims Act Qui Tam Constitutionality, Vacating Florida District Court Ruling
On September 1, 2026, the Eleventh Circuit issued its highly anticipated decision in United States ex rel. Zafirov v. Fla. Med. Assocs., LLC, holding that the False Claims Act’s qui tam provision does not violate the Appointments Clause of the Constitution and vacating a Florida district court’s dismissal order that had been based on such grounds.
CMS Proposes Provider Enrollment Changes to Strengthen Program Integrity
On July 6, 2026, the Centers for Medicare & Medicaid Services (CMS) published its Calendar Year 2027 Home Health Prospective Payment System Proposed Rule (the “Proposed Rule”) in the Federal Register, which includes several provider enrollment changes that would be applicable to all provider and supplier types. In its efforts to strengthen program integrity, CMS has proposed changes to the grounds for, and consequences of, provider enrollment denials and revocations.
FAR Council Issues Implementation Guidance for Executive Order 14398: New DEI Contract Clause Requirements for Federal Contractors
On April 20, 2026, the Federal Acquisition Regulatory (FAR) Council issued agency implementation guidance for Executive Order (E.O.) 14398, “Addressing DEI Discrimination by Federal Contractors,” which President Trump signed on March 26, 2026. The guidance introduces a new contract clause — FAR 52.222-90 — and establishes tight deadlines for agencies to incorporate the clause into new and existing contracts.
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