Agency Guidance Limits May Shift Health Care Enforcement

On Jan. 25, 2018, the U.S. associate attorney general issued a memorandum directing civil litigators in the U.S. Department of Justice to limit their use of governmental agency guidance documents in affirmative civil enforcement (ACE) matters. Specifically, the memorandum directs DOJ litigators not to use guidance documents issued by governmental agencies for purposes of determining the merit of ACE matters, or as a basis for proving violations of applicable law in those matters. This article describes key considerations with respect to the memorandum, and summarizes the issues that...

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