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APPOINTMENT OF COMPLIANCE OFFICER RESOLU...

APPOINTMENT OF COMPLIANCE OFFICER RESOLUTION

Appointment of a Compliance Office is a critical element in compliance program effectiveness. Failing to appoint a compliance officer is almost an automatic indication that a compliance program is not effective. Below is an example of a compliance officer appointment resolution. The Board of Directors of _____________ (the “Provider”) as constituted on _____________, 2016, hereby […]

Internal Reporting System for Compliance...

Internal Reporting System for Compliance Concerns

Setting Up Your Internal Reporting Mechanism One of the primary elements in a Compliance Program is the creation of a system that permits employees and others to provide information regarding potential compliance issues without fear of retaliation.  In larger organizations, multiple pathways permitting employees to make anonymous complaints should be maintained.  Oftentimes providers use 24 […]

Successor Liability and Compliance Due D...

Successor Liability and Compliance Due Diligence

Due Diligence of Compliance Issues in Acquisitions Successor liability issues are a central factor to consider when assessing the scope of compliance due diligence.  The acquiring organization must assess the degree to which it will assume liability for the past obligations of the target company.  If there is no risk that past obligations for compliance […]

Skilled Nursing Facility Compliance Work...

Skilled Nursing Facility Compliance Work Plan

Skilled Nursing Facility and Nursing Home Annual Work Plan The OIG’s 2017 Annual Work Plan identified a few new areas of focus relating to nursing homes and skilled nursing facilities. Nursing home compliance officers should consider these newly identified issues when developing their annual compliance work plan. Investigation of Serious Nursing Home Conditions The Work […]

Compliance Committee Charter Example

Compliance Committee Charter Example

COMPLIANCE COMMITTEE  CHARTER – Introduction Example The Compliance Committee (“Committee”) is an oversight group for clinical compliance issues related to ________________ (the “System”).  The Committee is advisory to both the Compliance Officer of the System and the System Compliance Officer.    The Committee also assists with the Clinical Compliance Program.  The term “compliance” used in this […]

Yates Memorandum Main Steps and Key Prio...

Yates Memorandum Main Steps and Key Priorities

General Priorities in the Yates Memorandum The Yates Memo prioritizes the manner in which Government civil and criminal law enforcement investigations are conducted. It begins by proclaiming that “One of the most effective ways to combat corporate misconduct is by seeking accountability from the individuals who perpetrated the wrongdoing . . . [accountability] it deters […]

Yate Memorandum Compliance Program Impac...

Yate Memorandum Compliance Program Impact – Progression of DOJ Pronouncements

Yates Memorandum and Progression of DOJ Pronouncement Memos The Yates Memo is the latest in a line of similar pronouncements that began in 1999 “Bringing Criminal Charges Against Corporations Thompson Memo(2003) McNulty Memo(2006) Filip Memo(2008) U.S. Attorney’s Manual (“USAM”) as the Principles of Federal Prosecution of Business Organizations(USAM § 9-28.000). The “Principles” have been revised to […]

False Claims Act – Lincolns Law and the

False Claims Act – Lincolns Law and the Health Care Compliance Industry

Federal False Claims Act – Lincoln’s Law Applied to Health Care When Congress originally passed the False Claims Act (31 USC §§ 3729-3733), no one had the health care system in mind.  The False Claims Act was also commonly referred to as the “Lincoln Law”.  The original law was focused on unscrupulous vendors who provided […]