Recent DOJ and HHS-OIG Guidance Keep Compliance and Individual Accountability in Cross-Hairs

Bloomberg BNA Health Care Fraud Report

George B. Breen, Anjali N.C. Downs, and Melissa L. Jampol, Members of the Firm in the Health Care and Life Sciences practice, in the firm’s New York and Washington, DC, offices, authored an article in the Bloomberg BNA Health Care Fraud Report, titled “Recent DOJ and HHS-OIG Guidance Keep Compliance and Individual Accountability in Cross-Hairs.”

Following is an excerpt (see below to download the full article in PDF format):

During the past two months, both the U.S. Department of Justice Criminal Division Fraud Section (“DOJ Fraud Section”) and the U.S. Department of Health and Human Services, Office of Inspector General (HHS OIG) (in conjunction with the Health Care Compliance Association (HCCA) have set forth detailed guidance for use in evaluating whether compliance programs detect and prevent misconduct.

Both sets of guidance emphasize that they are not a “checklist to be applied wholesale to assess a compliance program” but rather are lists of common elements to be considered when “making an individualized determination.” …

In light of the current enforcement climate, the two recent guidance documents should be central to any health-care entity's compliance strategy.

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