We recently authored an article for ABA Health eSource, published by the American Bar Association’s Health Law Section, that details the expanded focus on cybersecurity activities by the Department of Justice (DOJ) with the Civil Cyber-Fraud initiative.

According to the DOJ, the initiative was launched to “hold accountable entities or individuals that put U.S. information or systems at risk by knowingly providing deficient cybersecurity products or services, knowingly misrepresenting their cybersecurity protocols, or knowingly violating obligations to monitor and report cybersecurity incidents and breaches.”

“With the new initiative, the DOJ has pledged to pursue FCA [False Claims Act] liability against government contractors and grant recipients in the cybersecurity space,” we explained in the article. “Many healthcare organizations, of course, are already subject to the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule (45 C.F.R. Part 164 Subpart C) and are all too familiar with the costs and legal risks stemming from cyberattacks and data breaches. But the Civil Cyber-Fraud Initiative brings a significant new enforcement dimension in the form of the FCA.”

We offered insight on some of the federal government’s first FCA enforcement actions in the cybersecurity space, including the first against a healthcare entity, and shared takeaways for healthcare providers and contractors – namely to ensure that cybersecurity programs are in line with industry standards and any applicable government requirements.

The full article, “DOJ Expands Civil Enforcement Focus into Cybersecurity,” was published in the August 2022 issue of ABA Health eSource and is available online.

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Photo of John Eason John Eason

John Eason focuses his practice on representing clients in government enforcement actions, investigations, and related litigation, particularly involving the False Claims Act (FCA). John has represented companies and individuals, particularly in the healthcare industry, in responding to inquiries and investigations by the Department…

John Eason focuses his practice on representing clients in government enforcement actions, investigations, and related litigation, particularly involving the False Claims Act (FCA). John has represented companies and individuals, particularly in the healthcare industry, in responding to inquiries and investigations by the Department of Justice, U.S. Attorneys’ Offices, Office of the Inspector General of the Department of Health and Human Services, and other federal and state agencies, regarding healthcare and procurement fraud issues.

Photo of Jeff Gibson Jeff Gibson

Jeff Gibson has extensive experience representing clients in complex civil litigation and government investigations across diverse industries, including healthcare, financial services, energy and technology. In addition to maintaining a business litigation practice, he defends individuals and companies facing quasi-criminal civil fraud claims, white…

Jeff Gibson has extensive experience representing clients in complex civil litigation and government investigations across diverse industries, including healthcare, financial services, energy and technology. In addition to maintaining a business litigation practice, he defends individuals and companies facing quasi-criminal civil fraud claims, white collar criminal charges, and compliance violations.

Photo of Sheaniva Murray Sheaniva Murray

Sheaniva Murray represents clients in response to government actions, investigations, and litigation related to claims brought under various federal and state regulations. In addition, Sheaniva regularly counsels healthcare companies on fraud and abuse matters related to alleged violations under the False Claims Act…

Sheaniva Murray represents clients in response to government actions, investigations, and litigation related to claims brought under various federal and state regulations. In addition, Sheaniva regularly counsels healthcare companies on fraud and abuse matters related to alleged violations under the False Claims Act (FCA), Anti-Kickback Statute (AKS), the Stark Law and Medicare and Medicaid reimbursement rules.