US, Whistleblower to Appeal Article II Decision in Fraud Case

US prosecutors and a whistleblower are appealing a Florida federal district court’s conclusion that the False Claims Act’s whistleblower provisions are unconstitutional under Article II.

The government and whistleblower Clarissa Zafirov, whose suit alleging Medicare fraud was dismissed Sept. 30, filed notices of appeal Tuesday with the US District Court for the Middle District of Florida. The appeal will be heard by the US Court of Appeals for the Eleventh Circuit.

Zafirov, a family physician, alleged in 2019 that Florida Medical Associates LLC—which does business as VIPcare—increased risk adjustment scores of Medicare Advantage beneficiaries without regard to their actual ...