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Defendants Must Heed New Medicare Reporting Obligations
We continue this month with our discussion of the expanded reach of the Medicare reporting requirements under the Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA), which as of January 2011 is applicable to liability insurers and self-insured entities. As previously mentioned, MMSEA enhances the Medicare Secondary Payer statute (42 U.S.C. 1395y(b)) by requiring defendants and their insurers to determine if a plaintiff is or may potentially become a Medicare recipient, and to report such status to the Center for Medicare and Medicaid Services (CMS) within the Department of Health and Human Services. (An overview of the reporting requirements may be found at www.cms.hhs.gov/MandatoryInsRep/.)
What Must Be Reported?
The DOJ's Corporate Enforcement Policy: One Year Later
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
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
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
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.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."