US Prosecutors Join CVS Suit to Protect Whistleblower Provisions

The US government is intervening in a fraud suit against CVS Health Corp. for the limited purpose of defending the constitutionality of the False Claims Act’s whistleblower provisions.

The US has an unconditional right to intervene in an action when a law’s constitutionality is questioned, the government told the US District Court for the Northern District of Illinois in a Dec. 13 notice. It will file a response to CVS’ challenge after the company files a dispositive motion, or when the court sets a briefing schedule, the government said.

CVS, which is accused of failing to return to the federal ...