AI Coding and Documentation Tools Under the False Claims Act: The 60-Day Clock

Kathleen Fisher Enyeart, Partner | Lathrop GPM LLP

Kathleen Fisher Enyeart leads Lathrop GPM’s Healthcare Litigation and White-Collar Defense & Government Investigations sub-practice groups from the firm’s Kansas City office, where her healthcare practice covers False Claims Act investigations, Stark Law and Anti-Kickback Statute disputes, privacy and cybersecurity litigation, and government enforcement actions. Before returning to private practice in 2024, she served as Vice President and Chief Health Compliance Officer at Oracle Corporation, leading a global team of more than 100 compliance specialists and advising on healthcare market expansions, medical device regulation, artificial intelligence, and patient safety in the United States and the European Union. Prior to Oracle’s 2022 acquisition of Cerner, she was Cerner’s Vice President and Chief Compliance Officer and also served as its Chief Privacy Officer, overseeing the compliance program and high-risk litigation matters.

• Education & Credentials

Ms. Fisher Enyeart earned her J.D. from the University of Kansas School of Law in 2005, where she received a CALI Award for Academic Excellence, and her B.S. in Finance from the University of Missouri-Columbia in 2003. She is admitted to practice in Kansas and Missouri and before the U.S. District Courts for the District of Kansas, the District of Nebraska, and the Eastern and Western Districts of Missouri.

• Recognition & Leadership

Chambers USA ranks her in Missouri Litigation: White-Collar Crime & Government Investigations for 2026. Missouri Lawyers Media presented her with its 2025 Legal Innovation Award for Innovation in Client Service, and the Kansas City Business Journal named her among its 2025 “120 People To Know” and covered her January 2026 promotion to Partner. Within the firm she leads two litigation sub-practice groups.

• Professional Involvement

Her recent speaking includes “The Evolving AI Legal Landscape and Impacts to Health Care” at the Lathrop GPM Health Law Seminar in July 2024 and “You Can’t Spell ‘Inevitable’ Without A.I.” at the firm’s State of Litigation program in May 2024, along with “Law School for CFOs” for the Kansas City CFO Leadership Council, a 2026 nonprofit risk management program presented with Eide Bailly, an annual legal update for the Agricultural Business Council of Kansas City, and a Kansas City Metropolitan Bar Association CLE on mediation ethics. She serves on the board of directors of Value Unconditional.

• Experience

Her representative matters include defending healthcare companies in False Claims Act investigations involving alleged kickbacks, defending healthcare organizations in a Department of Justice telehealth accessibility investigation that closed with no civil penalties, and leading internal investigations into privacy and cybersecurity matters involving alleged HIPAA violations. Before her in-house roles she practiced at Graves Garrett, LLC, handling civil and criminal investigations, healthcare fraud defense, and False Claims Act matters, and earlier served as an Assistant Prosecutor in the Buchanan County Prosecuting Attorney’s Office litigating financial crimes and felony drug offenses. Her white-collar work also includes an SEC investigation involving alleged cryptocurrency fraud, federal export control investigations, and service as lead counsel to a higher education institution in a faculty misconduct investigation.

Jacquelyn (Jackie) Papish, Partner | Barnes & Thornburg LLP

Jackie Papish concentrates her practice on healthcare fraud and abuse matters and white collar criminal defense from Barnes & Thornburg’s Washington, D.C. office. She regularly represents clients in False Claims Act litigation and the related civil and criminal investigations conducted by the Department of Justice, HHS-OIG, FDA, DEA, and other regulators, across the healthcare, life sciences, technology, and financial services industries. Her approach centers on making complex matters understandable for clients while pursuing value-oriented representation, and she maintains an active pro bono practice in Social Security benefits and educational services matters.

• Education & Credentials

Ms. Papish earned her J.D. from the University of Virginia School of Law in 2015, where she was managing editor of The Journal of Law and Politics and a board member of the Virginia Innocence Project Student Group, and her B.A. in journalism and legal studies with distinction from the University of Wisconsin-Madison in 2011. Following law school she clerked for the Honorable William S. Duffey, Jr. of the U.S. District Court for the Northern District of Georgia, assisting him as well on the U.S. Court of Appeals for the Eleventh Circuit by designation. She is admitted in the District of Columbia and New York and before the U.S. Courts of Appeals for the D.C. and Second Circuits and the U.S. District Courts for the Eastern and Southern Districts of New York.

• Recognition & Leadership

She is ranked in Chambers USA 2024, named to The Best Lawyers in America for 2025, and listed among Washington, D.C. Super Lawyers for 2023 and 2024. The American Health Law Association appointed her chair of its Hospitals and Health Systems Practice Group after her service as vice chair, in connection with the firm’s recognition in AHLA’s 2025 and 2026 Top Honors, and she serves on Law360’s 2025 and 2026 Editorial Advisory Boards.

• Professional Involvement

Beyond her AHLA practice group leadership and Law360 editorial board service, she contributes commentary on federal regulatory and criminal justice litigation through The National Law Review.

• Experience

Her representative matters include obtaining dismissal of a qui tam action alleging that a Fortune 50 pharmaceutical company caused the submission of false claims through product marketing with insufficient labeling warnings, negotiating a favorable settlement with DOJ and HHS-OIG for a provider in a qui tam action alleging medically unnecessary procedures, and securing dismissal of the final remaining criminal charge in a decade-long white collar fraud matter. She also represented a healthcare technology startup against a pharmacy benefits manager in contract, statutory, and tort claims valued at more than $600 million. Before joining Barnes & Thornburg, she practiced at leading international and national law firms representing both plaintiffs and defendants at every stage of litigation, from dispute resolution through appeal.

Jackson R. Hobbs, Counsel | Lathrop GPM LLP

Jackson Hobbs represents corporate clients and individuals in high-stakes government investigations and enforcement actions from Lathrop GPM’s Kansas City office. He litigates False Claims Act matters and Office of Inspector General investigations, representing clients before U.S. Attorneys, the Department of Justice, and state attorneys general, and his practice extends to health care litigation, complex commercial disputes, employment litigation, and financial services litigation. His writing on the government’s growing use of data in enforcement includes “Is it Time for the Government’s ‘Moneyball’ Moment?” for the American Bar Association White Collar Crime Committee Newsletter.

• Education & Credentials

Mr. Hobbs earned his J.D. summa cum laude from the University of Missouri-Kansas City School of Law in 2018, where he was Editor-in-Chief of the UMKC Law Review, received the Charles E. Whittaker Award for Academic Excellence, was inducted into the Order of the Barristers, and earned CALI Awards in Civil Procedure I, Lawyering Skills II, Anti-Trust & Competition, and Trial Advocacy II. He earned his B.A. in Philosophy and History summa cum laude from the University of Missouri-Columbia in 2014 as a member of Phi Beta Kappa and Mortar Board. He clerked for the Honorable Greg Kays of the U.S. District Court for the Western District of Missouri from 2019 to 2020 and is admitted in Kansas and Missouri and before the U.S. Court of Appeals for the Eighth Circuit and the U.S. District Courts for the District of Kansas and the Western District of Missouri.

• Recognition & Leadership

Chambers USA ranks him in Missouri Litigation: White-Collar Crime & Government Investigations for 2025 and 2026. He is named to The Best Lawyers in America “Ones to Watch” for 2027 and was a Missouri Lawyers Media “Up & Coming” honoree in 2025. During law school he became the first law student to unanimously win Best Overall Advocate at The Show-Me Challenge jury selection tournament.

• Professional Involvement

He serves on the Criminal Justice Act Panel for the U.S. District Court for the Western District of Missouri, handling conspiracy, money laundering, fraud, and other complex federal matters, and is a District 3 Representative on The Missouri Bar Young Lawyers’ Section Council and a graduate of The Missouri Bar Leadership Academy Class of 2023-2024. His recent presentations include “A Practical Guide to Criminal ESI Discovery” for the ABA White Collar Crime Committee Midwest Section and “What’s New in White Collar?” at the Kansas City Metropolitan Bar Association Bench Bar Conference, and his publications include “Cleaning Up the C-Suite: What DOJ Corporate and Individual Enforcement Trends May Be on the Horizon in 2024?” for the ABA White Collar Crime Committee Newsletter and two Bloomberg Law articles on the future of administrative law after Chevron.

• Experience

His government investigations and enforcement work spans False Claims Act litigation and OIG investigations for corporate and individual clients, together with the federal criminal defense matters he handles through the CJA Panel. He joined Lathrop GPM in 2020 after his clerkship, where he researched and drafted judicial opinions and managed civil and criminal dockets through motions, discovery, and trial, and after practicing at an AmLaw 100 international firm on high-stakes commercial disputes.

SESSION 1 – Signal Versus Proof: How the Government and Data-Mining Relators Build an FCA Case Around AI Coding | 12:00pm – 1:00pm

This session opens with the enforcement environment providers now face: DOJ’s record $6.8 billion in FCA settlements and judgments in FY2025, more than $5.7 billion of it from healthcare, a record 1,297 qui tam filings, and the DOJ-HHS FCA Working Group’s stated priorities, including manipulation of EHR systems and an express commitment to enhanced data mining. The speakers then return to the FCA fundamentals that still control, working through falsity, causation, scienter, and materiality as each applies when a technology platform recommends the code and a human ultimately submits the claim. They examine the government’s own data analytics, DOJ’s 2026 FOCUS Initiative inviting sophisticated data-mining relators, and the limits that Integra v. Providence, the public disclosure bar, and Rule 9(b) place on statistics-only theories, framed as “Signal versus proof.” The session surveys where AI-assisted coding, CDI tools, ambient scribes, and automated risk-adjustment prompts cross the line, then closes with The Villages Health case study and the $14.1 million Complete Health settlement, walking every FCA element from unsupported diagnosis through self-disclosure and cooperation credit.

BREAK | 1:00pm – 1:10pm

SESSION 2 – The Clocks Start Running: Overpayment Investigations, Vendor Risk, and an AI-Ready Compliance Program | 1:10pm – 2:10pm

The second hour moves from the government’s case to the provider’s response, built around two interactive scenarios. In the first, a coding audit identifies 25 potentially unsupported diagnoses, and the audience works through whether an overpayment has been identified, how broad the lookback should be, and when the 60-day clock begins under the 2025 amendment to 42 C.F.R. § 401.305, which now suspends the return deadline during a timely, good-faith investigation for up to 180 days. In the second, an employee reports that the company’s AI coding tool has been systematically recommending unsupported diagnoses, introducing the separate 120-day clock under DOJ’s Corporate Whistleblower Awards framework alongside contractual notice obligations and subpoena timing. The speakers then turn to vendor risk when someone else built the algorithm: pre-implementation diligence, the contract provisions that matter, and the practical indemnification problem when the vendor is thinly capitalized and the government is not bound by the parties’ private allocation of FCA risk. The session closes by mapping HHS-OIG’s seven compliance program elements onto AI-specific governance, monitoring, auditing, escalation, and board oversight, ending with the question every client should be asked: “If DOJ or a data-mining relator ran its analytics against your claims tomorrow, what would it see—and have you already run the same analysis yourself?”