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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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Tags: AI
Photo of Garen S. Marshall Garen S. Marshall

Garen Marshall is a partner in McGuireWoods’ Government Investigations and White Collar Litigation Department and leads the firm’s Artificial Intelligence Practice Area. A former Assistant United States Attorney in the Eastern District of New York and Navy special operations veteran, he represents corporations…

Garen Marshall is a partner in McGuireWoods’ Government Investigations and White Collar Litigation Department and leads the firm’s Artificial Intelligence Practice Area. A former Assistant United States Attorney in the Eastern District of New York and Navy special operations veteran, he represents corporations, executives, and boards in government and internal investigations, regulatory enforcement matters, and complex civil litigation, with a practice that extends to AI governance, AI-related enforcement and litigation risk, and corporate compliance issues involving artificial intelligence.

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Photo of Justin Givens Justin Givens

Justin Givens is a former federal prosecutor and seasoned trial lawyer in the firm’s Government Investigations and White Collar Litigation Department. With over a decade of experience, he counsels corporations, financial institutions, and senior executives through their highest-stakes criminal, regulatory, and civil matters—particularly…

Justin Givens is a former federal prosecutor and seasoned trial lawyer in the firm’s Government Investigations and White Collar Litigation Department. With over a decade of experience, he counsels corporations, financial institutions, and senior executives through their highest-stakes criminal, regulatory, and civil matters—particularly when legal exposure intersects with reputational risk.

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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. Mindy is a co-leader of the firm’s Healthcare Litigation and Enforcement Practice Group.

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Photo of Brett Barnett Brett Barnett

Brett is the co-leader of McGuireWoods’ False Claims Act Investigations & Litigation Practice Group. He focuses his practice on representing clients in high-stakes False Claims Act matters, healthcare fraud and abuse investigations, and complex commercial litigation across the country. Brett routinely leads internal…

Brett is the co-leader of McGuireWoods’ False Claims Act Investigations & Litigation Practice Group. He focuses his practice on representing clients in high-stakes False Claims Act matters, healthcare fraud and abuse investigations, and complex commercial litigation across the country. Brett routinely leads internal and government-facing investigations involving the U.S. Department of Justice and other federal and state agencies, and defends clients in civil FCA litigation, often involving parallel proceedings and regulatory scrutiny.

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Photo of Rhea Shahane Rhea Shahane

Rhea represents international companies and individual clients in a wide range of complex litigation matters, with a focus on government and internal investigations. Rhea also represents financial services clients in complex securities matters, focusing on regulatory investigations, enforcement actions, and internal investigations.

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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:
    Health Care and Life Sciences, Technology and AI
  • Blog:
    Password Protected
  • Organization:
    McGuireWoods LLP
  • Article: View Original Source

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