DOJ revises False Claims Act enforcement policy on sub-regulatory guidance and declined qui tam dismissals
Sep 20, 2026 edition · GC-2026-0101 · Published 2026-09-20 · Version 2 · Final
DOJ revises FCA guidance-use and declined-qui-tam dismissal policy in its September 18 announcement.
What happened
DOJ announced September 18 revisions to the Justice Manual concerning sub-regulatory guidance and False Claims Act qui-tam actions. The first revision reinstates and builds on its 2017 policy that guidance cannot create legal obligations beyond statutes or regulations. DOJ says enforcement should focus on binding legal obligations and fair notice. This is an enforcement-policy announcement; it does not turn an existing contractual obligation into optional guidance or independently resolve an individual claim’s legal merits.
The second revision directs DOJ to consider its dismissal authority when it declines to intervene in a qui-tam case and to revisit the assessment as appropriate during litigation when it does not seek dismissal. DOJ describes a focus on meritless cases, efficient government resource use and the United States’ interests. Declination therefore does not automatically require dismissal, and the announcement promises no outcome for a particular defendant. Organizations still need to distinguish the underlying binding requirement, any guidance used to explain it and the case-specific basis for a dismissal request.
Scope and timing
- Authority status
- Final
- Applicability
- Operationally relevant
- Audience
- Health systems, Provider networks
- Jurisdiction
- Federal
Why it matters
Compliance and litigation teams should identify the actual source of an alleged obligation while recognizing that DOJ retains dismissal judgment.
Recommended action
Have counsel review pending FCA matters for reliance on guidance and any appropriate dismissal arguments, preserve the underlying legal and contractual analysis, and avoid treating nonintervention as automatic dismissal.
Related coverage
The revised policy changes how DOJ frames False Claims Act theories and declined qui tam dismissals. Enforcement Briefing →
Sources
- DOJ Revises Justice Manual to Strengthen False Claims Act EnforcementOfficial · U.S. Department of Justice, Office of Public Affairs · 2026-09-18 · Source review 2026-09-20
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