Q: If government does not intervene into qui tam case. What is procedure to obtain from government facts/finding of inv.?
If government decides not to intervene into qui tam case: FCA healthcare.
What is procedure for reletant/plaintiff to obtain from government facts/findings of government investigation?
A:
In a qui tam case under the False Claims Act (FCA) related to healthcare, if the government decides not to intervene, you, as the relator or plaintiff, still have the right to proceed with the case on your own. However, obtaining the facts and findings from the government's investigation can be challenging.
You may request this information through a Freedom of Information Act (FOIA) request. However, be aware that the FOIA process can be time-consuming and the government may redact sensitive information. Additionally, the government is not obligated to provide all investigative details, especially if they pertain to ongoing investigations or contain privileged information.
Another approach is to seek this information through discovery once the lawsuit progresses. This process allows you to request documents and depose witnesses. However, the government may assert privileges to withhold certain information, like deliberative process privilege or law enforcement privilege.
It's important to collaborate with your legal counsel to navigate these complexities. They can guide you in strategizing the best approach to access the information you need while respecting legal boundaries and the government's rights to withhold certain data.
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