Posted on September 21, 2022 by Ruder Ware Alumni
Blog
In September 2022, the United States Department of Justice (DOJ) released a memorandum from Deputy Attorney General Lisa Monaco that included significant changes to the way the DOJ handles corporate criminal enforcement. The (Monaco Memorandum) built upon and expanded the DOJ’s manner of handling so-called “white collar” crimes and provides guidelines for federal prosecutors across […]
Posted on May 28, 2019 by Ruder Ware Alumni
Blog
The Department of Justice (DOJ) along with other health care fraud enforcement agencies, continue to send strong signals that they want businesses to police themselves for potential compliance issues and self-disclose where infractions are found. The fact of the matter is the government simply does not have enough resources to track down and take action […]
Posted on April 5, 2017 by Ruder Ware Alumni
Blog
When the Center for Medicare and Medicaid Services (CMS) finally issued final regulations under the 60-day repayment rule, it implemented a new standard requiring a provider to affirmatively exercise reasonable diligence to identify potential overpayments. This was a change from the proposed regulations that held providers to a much lower affirmative duty to exercise diligence […]
Posted on March 30, 2017 by Ruder Ware Alumni
Blog
The HHS Office of Inspector General offers providers an opportunity to self-disclose certain violations in exchange for avoiding some of the more draconian penalties that may otherwise apply under applicable regulations. Even though the OIG’s Provider Self-Disclosure Protocols (“SDP”) can be very compelling, the decision whether to utilize the OIG’s self-disclosure protocols is often very […]
Posted on March 17, 2017 by Ruder Ware Alumni
Blog
In 2013, the HHS Office of Inspector General issued revised protocols outlining the process through which health care providers are able to self-disclose and resolve potential liability under the OIG’s civil monetary penalty (CMP) authorities. The 2013 Self Disclosure Protocols (SDP) clarified the process of self-disclosure and provided answers to some of the questions previously […]
Posted on May 19, 2014 by Ruder Ware Alumni
Blog
One area it is relatively common to find compliance infractions involves the employment of individuals by a health care provider who may be listed on the list of parties who are excluded from federal health care programs. Most providers have integrated routine background checks and excluded party searches into their hiring program. Occasionally, an excluded […]