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Med Mal News
Malpractice Proves Profitable
A study published in the Journal of the American Medical Association (JAMA) asserts that hospitals are being incentivized to provide substandard care by the manner in which insurers pay them. Specifically, hospitals not only are not penalized for bad medical outcomes, they reap additional profits from the extra services injured patients require to remedy the effects of bad medical care. The study, conducted by Texas Health Resources, the Boston Consulting Group and Harvard University's schools of medicine and public health, looked at the records of nearly 35,000 patients who underwent treatment at one of 12 hospitals run by Texas Health Resources. Of these, more than 1,800 experienced avoidable medical complications, which, on average, more than doubled their hospital bills, increasing hospital profits.
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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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.