Affordable Care Act (2010)

The Affordable Care Act (ACA) is often discussed in terms of its expansion of healthcare coverage. A lesser-known aspect of this law is that it contained various provisions that significantly improved healthcare fraud enforcement and punishment.

Passed in 2010, the ACA introduced new tools to fight healthcare fraud, waste, and abuse. It strengthened enforcement under the False Claims Act, expanded whistleblower protections, and gave the Department of Health and Human Services (HHS) greater authority to prevent improper payments.

Among its most important changes, the ACA amended the Anti-Kickback Statute (AKS) to explicitly state that when an AKS violation results in the submission of false claims to a government payor such as Medicare, those claims are automatically false under the FCA. The ACA also amended the FCA’s public disclosure bar to make it less onerous and easy to overcome, and also expanded liability for contractors and suppliers who knowingly submitted fraudulent claims.

From a historical standpoint, the ACA cemented whistleblowers’ role in healthcare reform. It showed that safeguarding taxpayer funds and ensuring program integrity are inseparable from improving patient care.

At Barrett Johnston, we see the ACA as a major milestone in both healthcare access and accountability—a reminder that good policy depends on honest systems.