When Constitutional Theory Collides With Health Care Accountability—The False Claims Act at a Crossroads

Tu SS, Kesselheim AS - JAMA Health Forum

  • Innovation Incentives and Competition

Summary:

The authors describe a constitutional challenge in Zafirov v. Florida Medical Associates that argues the False Claims Act’s qui tam provisions unlawfully let private whistleblowers exercise executive power, threatening a key tool behind roughly 80% of government fraud recoveries, most of it in health care. Eliminating qui tam suits would gut fraud deterrence, ultimately raising costs and harming patients.

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Recent Work from PORTAL

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The Impact of Semantics in Medicines Regulation

Costa E, Kesselheim AS - Journal of Law, Medicine, & Ethics

  • Innovation Incentives and Competition
  • Regulation and Clinical Evidence
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Delisted Patents on Pharmaceuticals, 1998-2024

Kirby-Rivera L, Feldman WB, Kim M, Kosmopoulou G, Kesselheim AS, Tu SS - Journal of Law, Medicine, & Ethics

  • Innovation Incentives and Competition
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Delays in Access to Generic Semaglutide Point to Key Missing Pieces in Canada’s Drug Approval System

Eisenkraft Klein D, Kesselheim AS - Health Policy

  • Innovation Incentives and Competition
  • Regulation and Clinical Evidence
Canada approved its first generic semaglutide nearly four months after market exclusivity expired, with delays arising from the absence of clear standards for demonstrating equivalence between fully synthetic generics and the brand-name product. Regulators should publish equivalence standards so manufacturers can build the required evidence into their initial submissions, helping lower-cost alternatives reach patients sooner.
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