David O’Neal and Drew Stevens Contribute Article on DOJ and HHS Civil Rights Enforcement in Healthcare in AHLA’s “Top Ten Forecast for Health Law in 2026”
Jan 27, 2026
David A. O’Neal and Tristan Fields authored the article, “Zafirov Joins the Qui Tam Consensus: What Now for Supreme Court Review?” published by the American Health Law Association (AHLA) on September 30, 2026.
The article examines the Eleventh Circuit’s decision in Zafirov v. Florida Medical Associates, LLC, which joined four other federal appellate courts in upholding the False Claims Act’s qui tam provisions against an Appointments Clause challenge. The authors analyze how the emerging five-circuit consensus may affect the likelihood of Supreme Court review and explore the remaining constitutional questions involving the Take Care Clause and Vesting Clause that remain unresolved.
The article also discusses the implications of the Eleventh Circuit’s ruling for False Claims Act litigation, recent developments involving the Department of Justice’s approach to non-intervened qui tam actions, and pending cases that could shape the future of constitutional challenges to the FCA’s qui tam framework.
To read the full article, please click here. Copyright 2026, American Health Law Association, Washington, DC. Reprint permission granted.