Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Implement a Compliance Plan Before It's Too Late!

By Barry B. Cepelewicz
August 01, 2003

In this era of heightened scrutiny of health care practices, every provider of health care services or products (ie, medical practices, clinical laboratories, billing companies, durable medical equipment suppliers, etc.) must implement compliance plans to educate their employees to avoid questionable billing practices before they become the subject of government criminal or civil investigations or lawsuits. A voluntary and comprehensive compliance plan that addresses issues such as medical record documentation, billing, privacy and confidentiality, and fraud and abuse – which is implemented and complied with – may reduce the chances of an audit and minimize the criminal or civil liability of the practice or its principals in the event a problem arises. Under the sentencing guidelines issued by the U.S. Sentencing Commission, the sanctions that may be imposed for violations of the law may be reduced if the organization had an effective and meaningful compliance program in place before the bad conduct occurred. Therefore, even if the program failed to prevent and detect the illegal conduct, if the organization had in good faith taken reasonable steps to prevent such conduct from occurring, the criminal fines or other sanctions may be minimized.

In order to assist health care providers to develop and carry out effective and meaningful compliance plans, the Office of Inspector General of the United States Department of Health and Human Services (OIG) issued a series of compliance program guidelines, which include certain basic elements: 1) Creating and implementing written policies, procedures and standards of conduct; 2) Designating a compliance officer and/or committee, depending on the size of the organization; 3) Training and educating staff and employees; 4) Creating effective lines of communication between staff and the compliance officials; 5) Enforcing standards through well-publicized disciplinary guidelines; 6) Taking part in internal monitoring and auditing; and 7) Making prompt responses to detected offenses and implementing meaningful corrective action. The OIG recognizes that physician practices face financial and staffing constraints and not all elements of the model program can be implemented.

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.