False Claims Act Hot Topics (2026 Edition)

Rachel V. Rose
Rachel V. Rose | Attorney at Law, PLLC

Rachel V. Rose, JD, MBA successfully advises and represents clients on healthcare, cybersecurity, securities, and qui tam compliance, transactional, litigation, and government enforcement matters. Ms. Rose is also an Affiliated Member with the Baylor College of Medicine’s Center for Medical Ethics and Health Policy, where she teaches bioethics.

Live Video-Broadcast: November 3, 2026

1 hour CLE

Tuition: $395.00
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Program Summary

 

Three developments are redrawing the FCA practitioner’s radar

The False Claims Act — the “Lincoln Law” — impacts a variety of sectors, and three recent items belong on every FCA practitioner’s radar. First, the Eleventh Circuit’s Zafirov opinion, which puts the FCA under the Appointments Clause. Second, the Justice Manual update regarding § 3730(c)(2)(a). Third, developments in the sector that contributes the most recoveries: healthcare.

Each carries consequences. Zafirov’s holding invites next steps that practitioners and their clients must anticipate. The updated Justice Manual reframes the Government’s use of its authority to dismiss cases. And Medicare Part C updates are shaping where FCA settlements trend.

Attendees leave able to appreciate the post-Zafirov landscape, the ramifications of the updated § 3730(c)(2)(a) interpretation, and the trends in FCA settlements involving Medicare Part C — along with how compliance programs can mitigate risk.

Key topics to be discussed:

  • Zafirov and the Appointments Clause
    Next steps following the Eleventh Circuit’s Zafirov holding on the FCA under the Appointments Clause.
  • Three Items for the Radar
    The three recent developments FCA practitioners and their clients should be tracking under the “Lincoln Law.”
  • Government Dismissal Authority
    Ramifications of the updated Justice Manual’s interpretation of § 3730(c)(2)(a) and the Government’s use of its authority to dismiss cases.
  • Healthcare’s Outsized Share
    Why healthcare — the sector that contributes the most recoveries under the FCA — sits at the center of enforcement.
  • Medicare Part C Settlement Trends
    Trends in FCA settlements involving Medicare Part C.
  • Compliance That Mitigates Risk
    How compliance programs can mitigate FCA risk.

This course is co-sponsored with myLawCLE.

Date / Time: November 3, 2026

  • 12:00 pm – 1:00 pm Eastern
  • 11:00 am – 12:00 pm Central
  • 10:00 am – 11:00 am Mountain
  • 9:00 am – 10:00 am Pacific

Closed-captioning available

Speakers

Rachel-V.-Rose_Principal-with-Rachel-V.-Rose-–-Attorney-at-Law,-P.L.L.C.Houston,-TX_FedBarRachel V. Rose, JD, MBA | Rachel V. Rose – Attorney at Law, PLLC

Rachel V. Rose, JD, MBA successfully advises and represents clients on healthcare, cybersecurity, securities, and qui tam compliance, transactional, litigation, and government enforcement matters. Ms. Rose is also an Affiliated Member with the Baylor College of Medicine’s Center for Medical Ethics and Health Policy, where she teaches bioethics.

  • Education & Credentials

Ms. Rose holds an MBA with minors in healthcare and entrepreneurship from Vanderbilt University, and a law degree from Stetson University College of Law, where she graduated with various honors, including the National Scribes Award. Ms. Rose also attained a Certificate in Negotiation and Leadership from Harvard University. Ms. Rose is licensed in Texas and is a Fellow of the Federal Bar Association and the American Bar Association.

  • Recognition & Leadership

She has been named consecutively to the Texas Bar College, the National Women Trial Lawyers Association’s Top 25, Houstonia Magazine’s Top Lawyers (healthcare), the National Trial Lawyers Association’s Top 100 and The Nation’s Top One Percent and SuperLawyers (healthcare). Ms. Rose was awarded 1st Healthcare Compliance’s 2019 and 2022 Top Presenter Award, as well as receiving NBI’s Outstanding Faculty Award for the past several years.

  • Professional Involvement

Currently, she serves as a Director on the Foundation of the Federal Bar Association’s National Board, is a Past Chair of the Federal Bar Association’s Government Relations Committee, an Advisory Board member of the Federal Bar Association’s Qui Tam Section, the co-editor of the American Health Lawyers Association’s Enterprise Risk Management Handbook for Healthcare Entities (2nd Edition), as well as a co-author of the ABA’s books The ABCs of ACOs, What Are International HIPAA Considerations and International HIPAA, Privacy, and Security Law Considerations, as well as book chapters for a variety of legal and medical books, including Health Law Handbook (2026 Edition).

  • Experience

In addition to being extensively published, a sought-after presenter and often quoted in a variety of publications, she has served as a testifying and as a consultative expert. She has conducted HIPAA risk analyses and assisted clients post-breach since 2012.

Agenda

SESSION 1 – False Claims Act Hot Topics  | 12:00pm – 1:00pm

The False Claims Act (FCA), also known as the “Lincoln Law”, impacts a variety of sectors. There are three recent notable items that should be on FCA practitioners and their clients’ radars. First, the Eleventh Circuit’s Zafirov Opinion. Second, the update to the Justice Manual regarding 3730(c)(2)(a) and the Government’s use of its authority to dismiss cases. Lastly, as healthcare is the sector that contributes most recoveries under the FCA, Medicare Part C updates will be discussed, along with how compliance programs can mitigate risk.

Credits

Alaska

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1 General

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Alabama

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1 General

Arkansas

Approved for CLE Credits
1 General

Arizona

Approved for CLE Credits
1 General

California

Approved for CLE Credits
1 General

Colorado

Pending CLE Approval
1 General

Connecticut

Approved for CLE Credits
1 General

District of Columbia

No MCLE Required
1 CLE Hour(s)

Delaware

Pending CLE Approval
1 General

Florida

Approved via Attorney Submission
1 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
1 General

Hawaii

Approved for CLE Credits
1 General

Iowa

Pending CLE Approval
1 General

Idaho

Pending CLE Approval
1 General

Illinois

Pending CLE Approval
1 General

Indiana

Pending CLE Approval
1 General

Kansas

Pending CLE Approval
1 Substantive

Kentucky

Pending CLE Approval
1 General

Louisiana

Pending CLE Approval
1 General

Massachusetts

No MCLE Required
1 CLE Hour(s)

Maryland

No MCLE Required
1 CLE Hour(s)

Maine

Pending CLE Approval
1 General

Michigan

No MCLE Required
1 CLE Hour(s)

Minnesota

Pending CLE Approval
1 General

Missouri

Approved for CLE Credits
1.2 General

Mississippi

Pending CLE Approval
1 General

Montana

Pending CLE Approval
1 General

North Carolina

Pending CLE Approval
1 General

North Dakota

Approved for CLE Credits
1 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
1 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
60 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
1 General

Nevada

Pending CLE Approval
1 General

New York

Approved for CLE Credits
1 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
1 General

Oklahoma

Pending CLE Approval
1 General

Oregon

Pending CLE Approval
1 General

Pennsylvania

Approved for CLE Credits
1 General

Rhode Island

Pending CLE Approval
1 General

South Carolina

Pending CLE Approval
1 General

South Dakota

No MCLE Required
1 CLE Hour(s)

Tennessee

Pending CLE Approval
1 General

Texas

Approved for CLE Credits
1 General

Utah

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1 General

Virginia

Not Eligible
1 General Hours

Vermont

Approved for CLE Credits
1 General

Washington

Approved via Attorney Submission
1 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

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1 General

West Virginia

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1.2 General

Wyoming

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