Aug 15 2017

To Disclose or Not To Disclose, That is the Question

Health care providers and suppliers face a dilemma when they identify that potentially problematic claims have been submitted to a federal health care program. To disclose or not to disclose, that is the question. Balancing legal disclosure obligations and business interests can be difficult when entities look at short term risks and benefits. When balancing those interests, many providers are inclined to keep a potential violation quiet and hope that the government does not independently discover the violation. Is that a good strategy? Probably not. At a minimum, reporting and refunding wrongfully obtained reimbursement to Medicare is now a requirement. Moreover, depending on the circumstances, providers may be under an obligation to engage in a more fulsome self-disclosure, which may not only be an obligation but may also provide concrete benefits to the provider or supplier. But the dilemma does not end there. If a provider does decide to engage in the self-disclosure process, there are several vehicles to make that disclosure. Which is the right vehicle? This Update will provide some sign posts for providers and suppliers that are on this journey.

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Jun 05 2017

Health Law Check-Up Webcast: Compliance Program Refresh and Recent Enforcement Trends

This webcast is a discussion of the trends in enforcement efforts by the Department of Justice, HHS and the OIG, including the OIG's annual work plan, and recent guidance from the OIG on the elements of an effective compliance program. The topics will include steps for assessing and updating your compliance program. 

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