Guidance Out, Dismissals In: DOJ Rewrites the False Claims Act Playbook with Justice Manual Revisions on Sub-Regulatory Guidance and Qui Tam Dismissals

Guidance remains relevant as evidence, particularly in healthcare. While guidance cannot establish the underlying legal duty, CMS manuals, Local Coverage Determinations, and similar materials may still be used to prove scienter, notice, industry standards, and medical necessity in FCA cases.