DOJ Launches Pay-at-Charging Whistleblower Program and Coordinates Healthcare Self-Disclosure with HHS-OIG

Published October 28, 2026

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Why it matters

DOJ and HHS-OIG announced a joint policy on October 15, 2026, for companies that voluntarily report potential criminal health care fraud. A company that makes a qualifying disclosure to the Health Care Fraud Section of DOJ's National Fraud Enforcement Division (the Fraud Division) can receive the benefits of both DOJ's Corporate Enforcement and Voluntary Self-Disclosure Policy and HHS-OIG's Self-Disclosure Protocol without filing a separate disclosure. HHS-OIG revised its protocol the same day to send criminal health care matters directly to DOJ. On October 20, the Fraud Division launched the Fraud Whistleblower Incentive Program (WHIP), a three-year pilot offering fixed payments of $10,000 to $30,000 for tips that lead to criminal charges in specified fraud categories, including health care and certain federal benefit programs. The program rests on 28 U.S.C. § 530C(b)(1)(L) and traces to Directive 26-12, issued October 1 by Assistant Attorney General Colin M. McDonald. Attorney General Todd Blanche said the program lets the public help expose fraud and be rewarded quickly. The Treasury Department is committing $25 million to it. President Trump announced the program in the Oval Office and presented what appears to be the first award, a $10,000 check to citizen journalist Nick Shirley. Trump's description did not match DOJ's published terms, which set rewards between $10,000 and $30,000 and include no mention of the limits he omitted. On October 22, DOJ and HHS also launched a six-month Healthcare False Claims Act Self-Disclosure Pilot Program, a civil track that lets qualifying companies resolve potential FCA violations through disclosure, remediation, and repayment.

Several points remain open. The Fraud Division was established April 7, 2026, so its track record is short. The effect of WHIP on reporting volumes, prosecutions, and health care fraud recoveries has not been established. Eligibility does not guarantee payment, and the discrepancy between the President's description and DOJ's published terms has not been resolved in writing.

Health care providers and any organization that receives or administers federal program funds should expect tips to reach prosecutors earlier, since WHIP payments are made at charging rather than final resolution. DOJ has named hospice, home health care, day care, and special services fraud as priorities. Counsel should review disclosure strategy under both the criminal and civil tracks now, because a company that waits may find a whistleblower has already reported. Attorneys should also check the published WHIP terms directly, not the public statements about them.