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AI-Assisted Billing Could Create FCA Pitfalls: How Healthcare Companies Can Get Ahead of Risk

By Garen S. Marshall, Justin Givens, Mindy Sauter, Brett Barnett, Rhea Shahane & Katherine Richardson on June 16, 2026
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Across the healthcare industry, providers are increasingly relying on AI-assisted billing tools to automate medical coding, prior authorization workflows, and the submission of claims to Medicare, Medicaid and other federal payors. The efficiency gains can be substantial, as can the heightened False Claims Act (FCA) exposure these systems can create. As AI continues to develop and becomes more widely integrated into healthcare billing, relators and prosecutors are likely to explore new avenues for evaluating, and litigating, how these tools are deployed, monitored and overseen.

Like every billing system, AI-assisted billing tools can make mistakes. However, AI-assisted systems can scale those mistakes across thousands of claims, and the records those systems generate may make it easier for the government or relators to argue that a provider’s submission of those claims violated the FCA.

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Photo of Garen S. Marshall Garen S. Marshall

Garen Marshall, a former federal prosecutor and United States Navy special forces combat veteran, is a member of the firm’s Government Investigations and White Collar Litigation Department. Garen’s practice leverages his years in the private sector and his tenure at the United States…

Garen Marshall, a former federal prosecutor and United States Navy special forces combat veteran, is a member of the firm’s Government Investigations and White Collar Litigation Department. Garen’s practice leverages his years in the private sector and his tenure at the United States Attorney’s Office for the Eastern District of New York, where he served in the Office’s National Security and Cybercrime Unit and the Organized Crime and Gangs Unit. Garen specializes in financial fraud and corruption investigations across a range of industries, including banking, private equity, healthcare, financial technology, and cryptocurrency. With extensive experience prosecuting and investigating cases related to wire and securities fraud, honest services violations, money laundering, and racketeering, Garen brings a formidable skill set to the table.

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Photo of Justin Givens Justin Givens

Justin Givens, a former federal prosecutor, is a member of the firm’s nationally ranked Government Investigations and White Collar Litigation Department. Justin is a skilled trial attorney with a decade of experience leading sensitive, high-profile internal investigations. He represents multinational companies and individuals…

Justin Givens, a former federal prosecutor, is a member of the firm’s nationally ranked Government Investigations and White Collar Litigation Department. Justin is a skilled trial attorney with a decade of experience leading sensitive, high-profile internal investigations. He represents multinational companies and individuals targeted in U.S. Department of Justice prosecutions involving allegations of fraud and bribery, with a focus on cross-border Foreign Corrupt Practices Act (FCPA) investigations and litigation.

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Photo of Mindy Sauter Mindy Sauter

Mindy boasts an extensive and distinguished career as a trial attorney, having honed her skills at the state level as a county prosecutor and at the federal level as an assistant U.S. attorney. With a wealth of experience spanning numerous high-stakes trials, her…

Mindy boasts an extensive and distinguished career as a trial attorney, having honed her skills at the state level as a county prosecutor and at the federal level as an assistant U.S. attorney. With a wealth of experience spanning numerous high-stakes trials, her legal acumen and courtroom prowess have earned her widespread recognition.

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Photo of Brett Barnett Brett Barnett

Brett’s practice is focused on complex commercial litigation with a focus on healthcare litigation. Brett represents and advises clients throughout the country in a variety of matters involving the False Claims Act, payor-provider disputes, restrictive covenants, shareholder and partnership disputes, and contract disputes.

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Photo of Rhea Shahane Rhea Shahane

Rhea is a member of the firm’s Financial Services & Securities Enforcement Department.

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Photo of Katherine Richardson Katherine Richardson

Katie focuses her practice on representing individuals and corporations in regulatory and other proceedings involving the United States government.

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  • Posted in:
    Privacy & Data Security
  • Blog:
    Password Protected
  • Organization:
    McGuireWoods LLP
  • Article: View Original Source

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