The False Claims Act. False Claims Act Basics (I)
|
|
- Cora Small
- 5 years ago
- Views:
Transcription
1 The False Claims Act Basic Concepts, Recent Trends, and Strategies for Minimizing Risks Philip D. Robben February 26, 2013 False Claims Act Basics (I)! Imposes liability on those who submit false claims or make false statements to obtain payment from the government.! Frequently amended by Congress in response to court decisions.! Best of both worlds for the government:! As a civil statute, a civil standard of proof applies.! Lesser intent than in a criminal case.! But, the government often employs the tactics and evidence gathering common to criminal cases.! The government often pursues both criminal and FCA investigations in tandem. 2 1
2 False Claims Act Basics (II)! Whistleblower (qui tam) provisions heighten the risk.! Can be anyone with inside information about alleged violations of the FCA:! Former employees (most common)! Current employees! Competitors! Customers and consumers! Others! Entitled to share up to 30% of any proceeds recovered in a judgment or settlement of the matter rewards can be staggering.! Whistleblowers are entitled to special protections pursuant to the FCA s anti-retaliation provision. 3 False Claims Act Basics (III)! Whistleblower must file their complaint under seal with the court.! Only the government may review the complaint while under seal.! Purpose of the seal is to give the government the chance to investigate the allegations in the complaint and decide whether government wants to intervene in the case.! Defendant does not receive notice of the lawsuit until the court unseals the complaint.! The first sign of trouble is often a subpoena.! Complex cases may remain under seal for several years. 4 2
3 False Claims Act Basics (IV)! 29 states, the District of Columbia, and some cities have false claims acts, many of which are modeled on the federal statute.! States have a financial incentive to frequently amend their FCAs as the federal FCA is amended and broadened.! State courts often follow federal court decisions.! Some state FCAs only cover the Medicaid program. 5 An Extraordinarily Potent Weapon! The potential consequences of losing an FCA case are severe:! Exclusion from government funded programs/contracts.! Mandatory treble damages.! Penalties of $5,500 - $11,000 per violation.! Example: GlaxoSmithKline $1.5 billion settlement in 2012! The FCA is the government s primary civil antifraud tool.! More than $35 billion in recoveries since 1986.! More than $4.9 billion collected in 2012 alone. 6 3
4 Government Intervention is Key Factor! Where a whistleblower brings a suit, the government has a choice to intervene or not.! The bulk of judgments and settlements occur in cases where the government intervenes:! In 2012, total FCA recoveries in qui tam cases were $3.3 billion in intervened cases and $29.4 million in declined cases.! Less than 5% of intervened cases are ultimately dismissed.! But, the government only intervenes in about 20% of cases.! Approximately 85% of declined cases are ultimately dismissed, typically at the motion to dismiss stage. 7 What Is A False Claim? (I)! The FCA does not define what types of claims are false.! Whistleblowers and the DOJ are constantly trying to stretch the bounds of what constitutes a false claim under the FCA.! Undisputed Examples! Seeking payment for goods or services that were not provided.! Over-charging for goods or services that were provided.! Providing different goods or services than those agreed to.! Providing worthless goods or services. 8 4
5 What Is A False Claim? (II)! Disputed Examples! Implied certification of compliance with a governing statute or regulation.! Off-label marketing of pharmaceuticals! U.S. ex rel. Landis v. Tailwind Sports (Lance Armstrong) 9 FCA Enforcement Trends (I)! Qui tam filings have been a driving force: *!!" )!!" (!!"!"#$%&'"'$()*"+$ '!!" &!!" %!!" $!!" #!!",-./012"345" 012"345"!"!$"!%"!&"!'"!("!)"!*"!+" #!" ##" #$" Source: Civil Division, U.S. Department of Justice, Fraud Statistics , dated October 24,
6 FCA Enforcement Trends (II)! FCA suits have tended to focus on HHS and DoD spending, which have historically been areas of significant government outlay.! But, the financial crisis led to more government money being injected into the economy in various forms.! November 2009 President Obama forms the Financial Fraud Enforcement Task Force to investigate and prosecute significant financial crimes and other violations relating to the current financial crisis! FCA Recoveries, (billions) HHS DoD Other 11 FCA Enforcement Trends (III)! In 2012, the mortgage industry accounted for $1.4 billion in FCA recoveries, including:! $202.3 million Deutsche Bank/MortgageIT! $158.3 million CitiMortgage Inc.! $132.8 million Flagstar Bank! What does the future hold?! More cases that push the limits of the FCA.! Healthcare and defense will continue to be a focus.! Congress can be expected to limit the reach of defense-friendly court decisions. 12 6
7 Minimizing FCA Exposure (I)! Perform an assessment to determine the company s level of risk given the nature of its interaction with the government.! Implement a compliance program or make enhancements to an existing program that takes FCA risks into account:! Program is company-specific; no one-size-fits-all solution.! Provide employees with fraud prevention training.! Give employees the means to report potential problems.! Investigate and take corrective action as needed.! Make efforts to improve employee morale and loyalty.! Obtain periodic outside reviews of the company s compliance practices to make sure they meet current best practices. 13 Minimizing FCA Exposure (II)! In Deutsche Bank, the DOJ claimed that DB was liable for all violations, even those committed before it acquired MortgageIT.! Include FCA exposure in due diligence conducted in connection with M&A transactions.! Due diligence review should include a review of at least:! Government contracts executed by the target company.! Applicable contractual and regulatory obligations.! Target company s compliance with the above. 14 7
8 Questions? Philip D. Robben Kelley Drye & Warren LLP 101 Park Avenue New York, New York Phone: (212) Fax: (212)
The False Claims Act and Financial Institutions: A New Role for an Old Statute
The False Claims Act and Financial Institutions: A New Role for an Old Statute D. Jean Veta Ethan M. Posner Benjamin J. Razi July 18, 2012 Agenda 1. Background on False Claims Act 2. FCA in healthcare
More informationThe False Claims Act and Off-Label Promotion: Understanding and Minimizing the Risks for Pharmaceutical Manufacturers
4th Annual Pharmaceutical Regulatory Congress November 12, 2003 The False Claims Act and Off-Label Promotion: Understanding and Minimizing the Risks for Pharmaceutical Manufacturers John T. Bentivoglio
More informationState False Claims Acts
State False Claims Acts How States Can Recover Stolen Money Jim Moorman, TAF Roderick Chen, OIG-HHS The Scope of the Fraud No one knows for sure how much fraud infects Medicaid and Medicare. The U.S. Government
More informationMFA COMPLIANCE 2016: UNDERSTANDING INSURANCE AND LIABILITY: A FOCUS ON D&O, CYBERSECURITY AND POLICY REVIEWS
MFA COMPLIANCE 2016: UNDERSTANDING INSURANCE AND LIABILITY: A FOCUS ON D&O, CYBERSECURITY AND POLICY REVIEWS Presented by: Lynda A. Bennett Chair, Insurance Recovery Group LOWENSTEIN SANDLER LLP 973.597.6338
More informationWhistleblowing Under the False Claims Act
Whistleblowing Under the False Claims Act Session 303, March 9, 2018 Colette G. Matzzie, Partner, Phillips & Cohen LLP Brendan Delaney, Implementation Specialist, Whistleblower 1 Conflict of Interest Colette
More informationThis Webcast Will Begin Shortly
This Webcast Will Begin Shortly If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: webcast@acc.com Thank You! 1 How to Avoid False Claims Act Exposure:
More informationFalse Claims Act and Mandatory Disclosure Requirements for Federal Contractors
False Claims Act and Mandatory Disclosure Requirements for Federal Contractors Presenters: Robert T. Rhoad, Esq. & Dalal Hasan, Esq. 2012 Crowell & Moring LLP All Rights Reserved False Claims Act: Recent
More informationFalse Claims Act and Mandatory Disclosure Requirements for Federal Contractors
False Claims Act and Mandatory Disclosure Requirements for Federal Contractors Presenters: Robert T. Rhoad, Esq. & Dalal Hasan, Esq. 2012 Crowell & Moring LLP All Rights Reserved False Claims Act: Recent
More informationReverse FCA Cases Rise With 'America First' Trade Policies
Portfolio Media. Inc. 111 West 19 th Street, 5th Floor New York, NY 10011 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Reverse FCA Cases Rise With 'America First'
More informationNew Federal Initiatives Project. FERA 2009 Brings U.S. Broad New Government Enforcement Powers
New Federal Initiatives Project FERA 2009 Brings U.S. Broad New Government Enforcement Powers By Michael J. Madigan, Lauren B. Muldoon and Jane Beall** September 14, 2009 The Federalist Society for Law
More informationR E P R I N T JAN-MAR Inside this issue: The evolving role of the chief risk officer Managing your company s regulatory exposure
R E P R I N T RC & risk compliance & NEW DOJ POLICIES MAY HELP COMPANIES BETTER NAVIGATE FALSE CLAIMS ACT INVESTIGATIONS REPRINTED FROM: RISK & COMPLIANCE MAGAZINE OCT-DEC 2018 ISSUE RC & risk & compliance
More informationU.S. v. Sulzbach: Government Theories, Potential Defenses, and Lessons Learned
U.S. v. Sulzbach: Government Theories, Potential Defenses, and Lessons Learned Presented By: David O Brien Christine Rinn Michael Paddock HOOPS 2007 - Washington, DC October 15-16 Background June 1994:
More informationDefending Whistleblower Cases: An Advanced View From the Trenches. Gregory M. Luce Jones Day
Defending Whistleblower Cases: An Advanced View From the Trenches Gregory M. Luce Jones Day www.hcca-info.org 888-580-8373 Whistleblower Actions False Claims Act Statute prohibiting fraud against the government
More informationMATTHEW T. SCHELP. St. Louis, MO office:
MATTHEW T. SCHELP Partner St. Louis, MO office: 314.480.1772 email: matthew.schelp@ Overview A former federal prosecutor, Matt concentrates his practice in the areas of compliance, internal investigations,
More informationFraud in the Pharmaceutical Industry
Fraud in the Pharmaceutical Industry The United States qui tam Whistleblower Law Getnick & Getnick LLP Counsellors At Law Rockefeller Center, 620 Fifth Avenue New York, NY 10020 Phone: (212) 376-5666 Fax:
More informationThe Road Ahead. Diane Meyer Chief Compliance and Privacy Officer Stanford University Medical Center
The Road Ahead Kevin Lyles, Esq. Partner, Jones Day kdlyles@jonesday.com (614) 281-3821 Diane Meyer Chief Compliance and Privacy Officer Stanford University Medical Center DMeyer@stanfordmed.org (650)
More informationAdvisory. Connecticut False Claims Act: A New Arrow in the Quiver of State Regulators
Advisory HEALTH CARE COMPLIANCE PRACTIC E GR OUP I OCTOBE R 2009 A New Arrow in the Quiver of State Regulators On October 5, 2009, Governor Rell signed a civil False Claims Act into law. Connecticut s
More information1/29/2011. Mark G. Bodner Bureau Chief Complex Civil Enforcement Bureau Medicaid Control Unit Office of the Attorney General
Mark G. Bodner Bureau Chief Complex Civil Enforcement Bureau Medicaid Control Unit Office of the Attorney General The enactment of the Medicare and Medicaid Anti-Fraud and Abuse Amendments of 1977 authorized
More informationConflicts of Interest 9/10/2017. Everything a Health Care Executive Needs to Know about the Anti-Kickback Statute. May 2, 2017 Article from JAMA:
Everything a Health Care Executive Needs to Know about the Anti-Kickback Statute Matthew Krueger Assistant United States Attorney E.D. of Wisconsin Stacy Gerber Ward von Briesen & Roper, S.C. Conflicts
More informationPotential Perils of Using New Media in Marketing and Promotion. Christina M. Markus (202)
Potential Perils of Using New Media in Marketing and Promotion Christina M. Markus (202) 626-2926 cmarkus@kslaw.com FACEBOOK Using Facebook to develop online community TWITTER Using Twitter as another
More informationNewYork-Presbyterian Hospital Sites: All Centers Hospital Policy and Procedure Manual Number: D160 Page 1 of 8
Page 1 of 8 TITLE: FEDERAL DEFICIT REDUCTION ACT OF 2005 FRAUD AND ABUSE PROVISIONS POLICY: NewYork- Presbyterian Hospital (NYP or the Hospital) is committed to preventing and detecting any fraud, waste,
More informationWHISTLEBLOWERS. Labor and Employment Briefing May 19, 2016 Robert E. Hauberg, Jr.
WHISTLEBLOWERS Labor and Employment Briefing May 19, 2016 Robert E. Hauberg, Jr. WHAT IS A PUBLIC EMPLOYEE WHISTLEBLOWER - Federal Whistleblower Protection Act of 1989, Pub. L 101-12, 5 U.S.C. 1201 et
More informationFRAUD, WASTE, & ABUSE (FWA) for Brokers. revised 10/17
FRAUD, WASTE, & ABUSE (FWA) for Brokers revised 10/17 OBJECTIVES After reviewing this information, you will be able to: Understand Fraud, Waste, and Abuse (FWA) training requirements; Be familiar with
More informationAnti-Kickback Statute and False Claims Act Enforcement
Anti-Kickback Statute and False Claims Act Enforcement Nicholas Gachassin, III, Esq. Gachassin Law Firm, LLC Nick3@gachassin.com Press Conference on Health Care Fraud and the Affordable Care Act May 13,
More informationDEFICIT REDUCTION ACT AND FALSE CLAIMS POLICY INFORMATION FOR All NEW YORK WORKFORCE MEMBERS
DEFICIT REDUCTION ACT AND FALSE CLAIMS POLICY INFORMATION FOR All NEW YORK WORKFORCE MEMBERS The Company is committed to preventing health care fraud, waste and abuse and complying with applicable state
More informationClinical and Administrative Policies and Procedures
Clinical and Administrative Policies and Procedures Purpose: Centerstone is committed to its role in preventing health care fraud and abuse and complying with applicable state and federal law related to
More informationAHLA. A. False Claims Act Primer. Thomas A. Corcoran Assistant US Attorney US Attorney s Office District of Maryland Baltimore, MD
AHLA A. False Claims Act Primer Thomas A. Corcoran Assistant US Attorney US Attorney s Office District of Maryland Baltimore, MD Carol A. Poindexter Norton Rose Fulbright Washington, DC Fraud and Compliance
More informationThe Salcido Report. False Claims Act Public Disclosure Alert. If you read one thing...
The Salcido Report September 25, 2015 If you read one thing... Launch of a new False Claims Act (FCA) resource The Public Disclosure Alert (PDA) provides expert analysis of latest paradigm shifting FCA
More informationCoverage Issues Relating To Claims Under The False Claims Act
Coverage Issues Relating To Claims Under The False Claims Act May 2, 2017 Stephen A. Wood Chuhak & Tecson, P.C. 30 South Wacker, Ste 2600 Chicago, IL 60606 swood@ Direct Dial: 312-201-3400 Facsimile: 312-444-9027
More informationThe Anesthesia Company Model: Frequently Asked Questions
The Anesthesia Company Model: Frequently Asked Questions 1. What is the situation in Florida? Florida-specific Issues For several years, FSA members have been contacting the society with reports of company
More informationImproving Integrity in Nursing Centers
Improving Integrity in Nursing Centers Susan Edwards Reed Smith LLP AHCA/NCAL s General Counsel Goals of this webinar Introduce you to AHCA/NCAL s Fraud and Abuse Toolkit Provide you with a basic understanding
More informationWHITE PAPER. New DOJ Investigative Measures Target Individuals for Corporate Misconduct
WHITE PAPER New DOJ Investigative Measures Target Individuals for Corporate Misconduct WHITE PAPER New DOJ Investigative Measures Target Employees and Executives for Corporate Misconduct: The Yates Memo
More informationAnti-Fraud Policy. The following non-exhaustive list provides a few examples of fraud that this Policy is designed to prevent and detect:
Introduction Anti-Fraud Policy In some instances, Medicaid pays for some or all of the services provided. It is the policy of Helper s Inc. to comply with all applicable federal, state and local laws and
More informationDoing Business in the World of Whistleblowers. A Discussion of Enforcement Trends, Emerging Prosecution Tactics and Practical Compliance Strategies
Doing Business in the World of Whistleblowers A Discussion of Enforcement Trends, Emerging Prosecution Tactics and Practical Compliance Strategies April 12, 2019 Presentation Overview 1. Background Regarding
More informationSUNY DOWNSTATE MEDICAL CENTER POLICY AND PROCEDURE. No:
SUNY DOWNSTATE MEDICAL CENTER POLICY AND PROCEDURE Subject: Complying with the Deficit Reduction Act of 2005: Detection & Prevention of Fraud, Waste & Abuse Page 1 of 4 Prepared by: Shoshana Milstein Original
More informationCardinal McCloskey Community Services. Corporate Compliance. False Claims Act and Whistleblower Provisions
Cardinal McCloskey Community Services Corporate Compliance False Claims Act and Whistleblower Provisions Purpose: Cardinal McCloskey Community Services is committed to prompt, complete and accurate billing
More informationMore Relators Push FCA Cases To The End In 2017
Portfolio Media. Inc. 111 West 19 th Street, 5th Floor New York, NY 10011 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com More Relators Push FCA Cases To The End In
More informationFalse Claims Act Enforcement in the Managed Care Space: Recent Trends and Proactive Compliance Tips
False Claims Act Enforcement in the Managed Care Space: Recent Trends and Proactive Compliance Tips Thomas Clarkson* U.S. Attorney s Office Southern District of Georgia Scott R. Grubman Chilivis Cochran
More informationWhistleblowing: What Compliance Professionals Need to Know
Whistleblowing: What Compliance Professionals Need to Know Tom Beimers Jacqueline Mrachek Kathy Noecker Whistleblowing Protections False Claims Act Fraud Enforcement and Recovery Act of 2009 Patient Protection
More informationWhistleblowing: What Compliance Professionals Need to Know
Whistleblowing: What Compliance Professionals Need to Know Tom Beimers Jacqueline Mrachek Kathy Noecker Whistleblowing Protections False Claims Act Fraud Enforcement and Recovery Act of 2009 Patient Protection
More informationCorporate Compliance Topic: False Claims Act and Whistleblower Provisions
Purpose: INDEPENDENT LIVING, Inc. (also referred to as ILI, ) is committed to prompt, complete and accurate billing of all services provided to individuals. ILI and its employees, contractors and agents
More informationFrom the Office Suite to Cell Block C: Potential Criminal and Regulatory Implications of Pharma/Biotech/Device Products Liability Lawsuits
From the Office Suite to Cell Block C: Potential Criminal and Regulatory Implications of Pharma/Biotech/Device Products Liability Lawsuits BUTLER SNOW 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT
More informationCorporate Integrity Agreements can be the basis for a False Claims Act Case
Corporate Integrity Agreements can be the basis for a False Claims Act Case by Suzanne E. Durrell, Esq. Washington D.C. November 2014 Who should read this paper Presented by Atty. Suzanne E. Durrell at
More informationSOUTH NASSAU COMMUNITIES HOSPITAL One Healthy Way, Oceanside, NY 11572
SOUTH NASSAU COMMUNITIES HOSPITAL One Healthy Way, Oceanside, NY 11572 POLICY TITLE: Compliance with Applicable Federal and State False Claims Acts POLICY NUMBER: OF-ADM-232 DEPARTMENT: Hospital-wide BACKGROUND/PURPOSE
More informationWhat is a Compliance Program?
Course Objectives Learn about the most important elements of the compliance program; Increase awareness and effectiveness of our compliance program; Learn about the important laws and what the government
More informationIndustry Consolidation: Role of Compliance in Mergers, Acquisitions, and Divestitures
Industry Consolidation: Role of Compliance in Mergers, Acquisitions, and Divestitures Prepared for CBI s Pharmaceutical Compliance Congress April 28, 2017 M&A Activity in the Pharmaceutical Industry THE
More informationHELAINE GREGORY, ESQ.
HCCA Puerto Rico Regional Annual Conference May 3, 2013 MODERATOR HELAINE GREGORY, ESQ. HCCA CONFERENCE CO-CHAIR PANEL DOROTHY DEANGELIS FTI CONSULTING MAITE MORALES MARTINEZ, ESQ., LL.M. MEDICAL CARD
More informationChapter 41 - Legal and Other Proceedings
Chapter 41 - Legal and Other Proceedings Authoritative Sources FAR 31.205-47 Costs Related to Legal and Other Proceedings FAR31.205-33 Professional and Consultant Service Costs FAR 31.204 Application of
More informationa publication of the health care compliance association SEPTEMBER 2018
hcca-info.org Compliance TODAY a publication of the health care compliance association SEPTEMBER 2018 Strengthening the relationship between DOJ attorneys and compliance professionals an interview with
More informationWhat To Do When The Feds Come Knocking. Christine Williams Dave Taylor
What To Do When The Feds Come Knocking Christine Williams Dave Taylor February 5, 2013 Christine Williams Anchorage, AK (907) 263-6931 Cwilliams@perkinscoie.com Presenters Dave Taylor Seattle, WA (206)
More informationFalse Claims Liability, Anti-Retaliation Protections, and Detecting and Responding to Fraud, Waste, and Abuse
False Claims Liability, Anti-Retaliation Protections, and Detecting and Responding to Fraud, Waste, and 1. SCOPE 1.1 System-wide, including Marshfield Clinic Health System (MCHS), Inc. and its affiliated
More informationGovernment. BY Samuel G. Davidson AND. Contract Management April 2008
Rules, Regulations, and Risks Government vs. Commercial Contracting BY Samuel G. Davidson AND Susan J. Moser 34 When transitioning from the commercial marketplace to the complex world of government procurement,
More informationThis webinar is sponsored by the Fraud and Abuse Practice Group.
Trends in Health Care Enforcement: Past, Present, and Future July 21, 2014 3:30-4:45 Eastern This webinar is sponsored by the Fraud and Abuse Practice Group. Faculty : Susan Winkler Assistant U.S. Attorney,
More informationPolicy to Provide Information for Combating Fraud, Waste and Abuse and the Ability of Employees to Report Wrongdoing
1 of 8 and Abuse and the Ability of Employees to Report Wrongdoing 1. Purpose The purpose of this policy is to provide information for combating fraud, waste and abuse and the ability of employees to report
More informationArticles. SEC Proposes New Whistleblower Rules Under the Dodd-Frank Act of Eric R. Markus December 2, 2010
SEC Proposes New Whistleblower Rules Under the Dodd-Frank Act of 2010 Eric R. Markus December 2, 2010 On November 3, 2010, the SEC published proposed rules to implement a whistleblower program to reward
More informationAnalysis of the New Medicare Part D Drug Benefit and Changes to Medicare Part B Reimbursement: New Rules of the Road
National Medicare Prescription Drug Congress Analysis of the New Medicare Part D Drug Benefit and Changes to Medicare Part B Reimbursement: New Rules of the Road T. Reed Stephens Health Care Practice Group
More informationCORPORATE COMPLIANCE POLICY AND PROCEDURE
Title: Fraud Waste and Abuse Laws in Health Care Policy # 1011 Sponsor: Corporate Compliance Approved by: Russell J. Matuszak, Interim Director, Corporate Compliance and Chief Privacy Officer Issued: Page:
More informationDefending Corporations and Individuals in Government Investigations Ethics & Whistleblower Issues In Investigations
Defending Corporations and Individuals in Government Investigations Ethics & Whistleblower Issues In Investigations Daniel J. Fetterman Mark P. Goodman Reid Figel Daniel Karson Patrick Pericak September
More informationDEPARTMENT OF HEALTH AND HUMAN SERVICES. Office of Inspector General s Use of Agreements to Protect the Integrity of Federal Health Care Programs
United States Government Accountability Office Report to Congressional Requesters April 2018 DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of Inspector General s Use of Agreements to Protect the Integrity
More informationThis policy applies to all employees, including management, contractors, and agents. For purpose of this policy, a contractor or agent is defined as:
Policy and Procedure: Corporate Compliance Topic: Purpose: Choice of NY is committed to prompt, complete, and accurate billing of all services provided to individuals. Choice of NY and its employees, contractors,
More informationPATRICK S. COFFEY. Chicago, IL office: office:
PATRICK S. COFFEY Partner Milwaukee, WI Chicago, IL office: 312.523.2080 office: 414.978.5538 email: patrick.coffey@ Overview When clients are faced with difficult problems, Pat puts them at ease. He uses
More informationTen Questions About Internal Investigations
Ten Questions About Internal Investigations Robert S. Litt Arnold & Porter 202-942-6380 robert_litt@aporter.com 1. When should a company do an internal investigation? 2. What should the goals be? 3. Who
More informationEffective Date: 1/01/07 N/A
North Shore-LIJ Health System is now Northwell Health POLICY TITLE: Detecting and Preventing Fraud, Waste, Abuse and Misconduct POLICY #: 800.09 System Approval Date: 03/30/2017 Site Implementation Date:
More informationVendor Liability Risks
Vendor Liability Risks National Conference of State Legislatures Executive Committee Task Force on State and Local Taxation November 22, 2014 Deborah R. Bierbaum AT&T Stephen P. Kranz McDermott Will &
More informationDavid J. Leviss Partner
David J. Leviss Partner Washington, DC D: +1-202-383-5282 dleviss@omm.com A recognized authority on False Claims Act-related issues, David Leviss focuses his practice on defending corporations and individuals
More informationCORPORATE COMPLIANCE POLICY AND PROCEDURE
Title: False Claims Act Policy Policy # 1011 Sponsor: Corporate Approved by: Kenneth J. Sodaro, Esq., Vice President, General Counsel & Corporate Secretary, Interim Officer Issued: Page: 1 of 5 June 25,
More informationRisky Business: Protecting the Personal Assets of Ds&Os. Steven Cohen, Marsh Inc. Jay Dubow, Pepper Hamilton LLP Bob Hickok, Pepper Hamilton LLP
Risky Business: Protecting the Personal Assets of Ds&Os Steven Cohen, Marsh Inc. Jay Dubow, Pepper Hamilton LLP Bob Hickok, Pepper Hamilton LLP Thursday, January 28, 2016 Topics Nuts and Bolts - D&O Liability,
More informationCharging, Coding and Billing Compliance
GWINNETT HEALTH SYSTEM CORPORATE COMPLIANCE Charging, Coding and Billing Compliance 9510-04-10 Original Date Review Dates Revision Dates 01/2007 05/2009, 09/2012 POLICY Gwinnett Health System, Inc. (GHS),
More informationBogies: Federal Anti- Kickback Law & EMS Contracting - Emerging Issues Pamela L. Johnston Foley & Lardner LLP Partner, Los Angeles.
Bogies: Federal Anti- Kickback Law & EMS Contracting - Emerging Issues Pamela L. Johnston Foley & Lardner LLP Partner, Los Angeles May 2018 Agenda Big Picture Quick Refresher on the AKS Emerging Issues
More informationMandatory Disclosure: A New Reality Angela Styles Shauna Alonge Gunjan Talati November 18, 2008
Mandatory Disclosure: A New Reality Angela Styles Shauna Alonge Gunjan Talati November 18, 2008 2008 Crowell & Moring LLP All Rights Reserved Today s Agenda Background New Cause for Suspension/Debarment
More informationPayer-Provider Consolidation Post-ACA Comes With New Risks
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Payer-Provider Consolidation Post-ACA Comes With New
More informationUnited States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT
USCA Case #17-7003 Document #1710165 Filed: 12/22/2017 Page 1 of 11 United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued November 13, 2017 Decided December 22, 2017 No. 17-7003 UNITED
More informationWhat You Don t Know Can Hurt You: A Primer on the False Claims Act
Litigation Alert May 2012 What You Don t Know Can Hurt You: A Primer on the False Claims Act By Gregory P. Miller, Michael P. Daly and Matthew A. Luber Right now, without your knowledge, your company could
More informationSPECIAL COMPLIANCE AND ETHICS CONSIDERATIONS FOR CONTRACTORS. Trina Fairley Barlow David Robbins Gail Zirkelbach Jana del Cerro Nkechi Kanu
SPECIAL COMPLIANCE AND ETHICS CONSIDERATIONS FOR CONTRACTORS Trina Fairley Barlow David Robbins Gail Zirkelbach Jana del Cerro Nkechi Kanu 71 Civil False Claims Act Civil False Claims Act ( FCA ) 31 U.S.C.
More informationExpect Increased Use of Whistleblower Law Under Trump Global Trade Magazine
13 July, 2017 created using PDF Newspaper from FiveFilters.org Expect Increased Use of Whistleblower Law Under Trump Global Trade Magazine globaltrademag.com 3 July 2017 Written by Mark Strauss One of
More informationDEFICIT REDUCTION ACT AND FALSE CLAIMS POLICY INFORMATION FOR All MASSACHUSETTS WORKFORCE MEMBERS
DEFICIT REDUCTION ACT AND FALSE CLAIMS POLICY INFORMATION FOR All MASSACHUSETTS WORKFORCE MEMBERS The Company is committed to preventing health care fraud, waste and abuse and complying with applicable
More informationCorporate Compliance Program. Intended Audience: All SEH Associates 2016 Content Expert: Lisa Frey -
Corporate Compliance Program Intended Audience: All SEH Associates 2016 Content Expert: Lisa Frey - lisa.frey@stelizabeth.com Developed 2012, reviewed Dec 2015 What is Corporate Compliance? Hospitals,
More informationSTATEMENT OF MICHAEL F. HERTZ DEPUTY ASSISTANT ATTORNEY GENERAL CIVIL DIVISION UNITED STATES DEPARTMENT OF JUSTICE BEFORE THE
STATEMENT OF MICHAEL F. HERTZ DEPUTY ASSISTANT ATTORNEY GENERAL CIVIL DIVISION UNITED STATES DEPARTMENT OF JUSTICE BEFORE THE UNITED STATES SENATE COMMITTEE ON THE JUDICIARY CONCERNING THE FALSE CLAIMS
More informationOVERVIEW: Avoiding Government Contracting Compliance Pitfalls, Bid Protests and Claims
OVERVIEW: Avoiding Government Contracting Compliance Pitfalls, Bid Protests and Claims Bill Walsh, Venable LLP 8010 Towers Crescent Drive, Suite 300 Tysons Corner, VA 22182 703-760-1685 WLWalsh@Venable.com
More informationIt s Here: The Final 60 Day Overpayment Rule
It s Here: The Final 60 Day Overpayment Rule (What it means for you and your clients) Hillary M. Stemple, Esq. Associate Arent Fox LLP Washington, DC 20006 hillary.stemple@arentfox.com December 5, 2017
More informationAmerican Academy of Orthopaedic Surgeons 2010 Annual Meeting. March 12, 2010
American Academy of Orthopaedic Surgeons 2010 Annual Meeting March 12, 2010 Developments in the Evolving Orthopaedic Surgeon - Industry Relationship Kathleen McDermott, Esquire Washington, DC 1 Developments
More informationPage 1 of 6 Home > Publications > ABA Health esource > 2013-14 > March > State Entities and the False Claims Act State Entities and the False Claims Act Vol. 10 No. 7 Scott R. Grubman, Rogers & Hardin
More informationPitfalls Of State And Local Contracting
Pitfalls Of State And Local Contracting Breakout Session #: D16 Mike LaCorte and David Black Date: Tuesday, July 26 Time: 11:15am 12:30pm 1 Mike LaCorte Masters of Science in Taxation Florida Atlantic
More informationManaging Financial Interests: The Anti Kickback Statute (AKS)
Managing Financial Interests: The Anti Kickback Statute (AKS) Board of Commissioners Meeting February 15, 2012 Presented by: Mic Sager, Compliance Officer Context: Business Transactions o Health Care is
More informationHEATHER I. BATES Managing Director, BRG Health Analytics. BERKELEY RESEARCH GROUP, LLC 1800 M Street NW, 2 nd Floor Washington, DC 20036
Curriculum Vitae HEATHER I. BATES Managing Director, BRG Health Analytics BERKELEY RESEARCH GROUP, LLC 1800 M Street NW, 2 nd Floor Washington, DC 20036 Direct: 202.480.2660 Cell: 202.641.1035 hbates@thinkbrg.com
More informationGSA Multiple Award Schedule Contracting: Lessons From 2014
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com GSA Multiple Award Schedule Contracting: Lessons From
More informationWHISTLEBLOWERS. Agenda
WHISTLEBLOWERS AN HISTORICAL OVERVIEW FROM THE CIVIL WAR TO DODD-FRANK PAUL FIORELLI, J.D., M.B.A.,C.C.E.P PROFESSOR OF LEGAL STUDIES, XAVIER UNIVERSITY FIORELLI@XAVIER.EDU, (513)745-2050 1 Agenda BOUNTY
More informationA DISCUSSION WITH THE OIG
1 A DISCUSSION WITH THE OIG MICHAEL J ARMSTRONG REGIONAL INSPECTOR GENERAL FOR AUDIT SERVICES STEPHEN J CONWAY DIRECTOR, ADVANCED AUDIT TECHNIQUES ROBERT K DECONTI CHIEF, ADMINISTRATIVE & CIVIL REMEDIES
More informationMedicare appeals process: CMS publishes final rule revising regulations. Andrew B. Wachler and Jessica C. Forster
Compliance TODAY June 2017 a publication of the health care compliance association www.hcca-info.org The value of an IT background an interview with Trish Manna Director of Compliance, Audit & HIPAA Privacy
More informationThis course is designed to provide Part B providers with an overview of the Medicare Fraud and Abuse program including:
This course is designed to provide Part B providers with an overview of the Medicare Fraud and Abuse program including: Medicare Trust Fund Defining Fraud & Abuse Examples of Fraud & Abuse Fraud & Abuse
More informationWHISTLEBLOWERS. Agenda. Qui Tam Timeline. Sarbanes-Oxley. Qui Tam Timeline. Star Wars. Civil War WWII
WHISTLEBLOWERS AN HISTORICAL OVERVIEW FROM THE CIVIL WAR TO DODD-FRANK PAUL FIORELLI, J.D., M.B.A.,C.C.E.P PROFESSOR OF LEGAL STUDIES, XAVIER UNIVERSITY FIORELLI@XAVIER.EDU, (513)745-2050 1 Agenda BOUNTY
More informationPanelists. ABA 31 st Annual National Institute on White Collar Crime. Healthcare Fraud and Abuse Panel
Prepared for ABA 31 st Annual National Institute on White Collar Crime Healthcare Fraud and Abuse Panel March 8, 2017 Panelists Greg Noonan (Moderator) Collora LLP Boston, Massachusetts Joseph F. Savage
More informationOffice of Inspector General. Regional Enforcement Efforts and Priorities in Florida. South Atlantic Regional Conference January 28, 2011
Office of Inspector General Regional Enforcement Efforts and Priorities in Florida Health Care Compliance Association South Atlantic Regional Conference January 28, 2011 Felicia Heimer, Esq. Office of
More informationDisclosures to the Government:
Disclosures to the Government: Whether, Where, When, Why and What to Expect Dallas Bar Association Health Law Section January 16, 2019 Frank Sheeder, Partner Frank.Sheeder@Alston.com Alston & Bird LLP
More informationWHITE COLLAR, SECURITIES ENFORCEMENT, AND GOVERNMENT INVESTIGATIONS
WHITE COLLAR, SECURITIES ENFORCEMENT, AND GOVERNMENT INVESTIGATIONS Clients hire the attorneys in Shulman Rogers White Collar, Securities Enforcement, and Government Investigations practice because of
More informationANTI-FRAUD PLAN INTRODUCTION
ANTI-FRAUD PLAN INTRODUCTION We recognize the importance of preventing, detecting and investigating fraud, abuse and waste, and are committed to protecting and preserving the integrity and availability
More informationEffective Date: 5/31/2007 Reissue Date: 10/08/2018. I. Summary of Policy
Issuing Department: Internal Audit, Compliance, and Enterprise Risk Management Preventing Fraud, Waste, and Abuse: Federal and State False Claims and False Statements Effective Date: 5/31/2007 Reissue
More informationFALSE CLAIMS ACT ENFORCEMENT: RECENT TRENDS AND STEPS TO ENSURE COMPLIANCE AND AVOID FRAUD ALLEGATIONS
FALSE CLAIMS ACT ENFORCEMENT: RECENT TRENDS AND STEPS TO ENSURE COMPLIANCE AND AVOID FRAUD ALLEGATIONS The Carolinas Center s 39 th Annual Hospice & Palliative Care Conference Columbia, SC Presenters:
More information11/10/2014. Nuts and Bolts of Proceedings related to Fraud, Recent Cases Update, and HIPAA Nuances. Objectives
Nuts and Bolts of Proceedings related to Fraud, Recent Cases Update, and HIPAA Nuances Presented to: Health Care Compliance Association November 14, 2014 Objectives Background and General Trends on fraud
More informationAGENCY POLICY. IDENTIFICATION NUMBER: CCD001 DATE APPROVED: Nov 1, 2017 POLICY NAME: False Claims & Whistleblower SUPERSEDES: May 18, 2009
IDENTIFICATION NUMBER: CCD001 DATE APPROVED: Nov 1, 2017 POLICY NAME: False Claims & Whistleblower SUPERSEDES: May 18, 2009 Provisions OWNER S DEPARTMENT: Compliance APPLICABILITY: All Agency Programs
More information