Healthcare Compliance Program Attorneys and Lawyers

The Effective Healthcare Compliance Program: Peace of Mind for Your Healthcare Practice

Why must every health care entity have an effective compliance program?

Because a health care compliance program demonstrates to employees and the community that the organization is committed to honesty, ethical behavior and acting responsibly.

It encourages employees to report problems, and it creates a process by which the organization can identify and prevent criminal and unethical conduct.

It can also help to identify and correct compliance problems — such as Anti-Kickback Statute and Stark Law violations — before they are discovered by the government or reported by a whistleblower.

More importantly, without an effective compliance program in place, if health care fraud is identified within your health care entity, your culpability can be increased. This can lead to allegations of deliberate ignorance and subsequent investigations.

What an Effective Compliance Program Entails

health care compliance attorneysAn effective compliance program is a proactive measure. It can reduce fines and penalties resulting from health care fraud investigations and prosecutions, by reducing the organization’s culpability score.

The U.S. Sentencing Guidelines provide for reduced criminal fines and penalties for organizations, including health care organizations, that have implemented a compliance program prior to the offense.

The Office of the Inspector General (OIG), for example, will consider the existence of an effective compliance program that pre-dated any governmental investigation when addressing the appropriateness of administrative penalties.

Further, the False Claims Act provides that a person who has violated the FCA, but who voluntarily discloses the violation to the government, in certain circumstances will be subject to double, as opposed to treble, damages (see 31 USC 3729(a)).

Moreover, an effective compliance program can actually prevent investigations and qui tam cases in the first place. By identifying and correcting improper payments, responding to a hotline and other complaints, and monitoring and self-auditing compliance with program requirements, an organization may prevent an investigation from ever happening.

The government also takes into account whether a health care provider has an effective compliance program in place when deciding to prosecute or impose penalties (USAM 9-28.800).

Monitoring and auditing under a compliance program are essential to complying with federal overpayment or “reverse false claims” requirements, and to identify and self-report any violations of law or CMPs before an investigation begins. By returning overpayments on a timely basis and self-reporting violations, an organization can significantly reduce CMPs and other penalties.

An Effective Compliance Program Must Include All Seven Elements Found in the Sentencing Guidelines:

      • Written policies and standards of conduct.
      • Compliance officer and compliance committee.
      • Effective training and education.
      • Effective lines of communication and hotlines.
      • Enforcement through disciplinary actions.
      • Monitoring and auditing.
      • Prompt response and corrective action.

The HHS-OIG has published Compliance Program Guidance for a number of health care industries, including hospitals, physicians, nursing facilities, hospices, home health agencies, clinical laboratories, durable medical equipment suppliers, and Medicare Advantage organizations.

The HHS-OIG guidance should be carefully reviewed and used in developing a compliance program. If no guidance exists for your industry type, consult the guidelines for similar provider types.

Let Us Help Develop Your Effective Compliance Program

The health care compliance attorneys at Chapman Law Group have vast experience in state and federal health care regulations and best practices. One of our lawyers is a former Medicare attorney, another served as a Medicaid fraud prosecutor, and several others have master’s degrees in health care law. 

For more than 30 years, Chapman Law Group has developed compliance programs and provided provided consultation for healthcare practices all across Michigan (including the Detroit, Ann Arbor, Grand Rapids, Dearborn and Troy areas), Florida (from Miami, Tampa and Jacksonville, to West Palm Beach and Orlando), and nationally.

Contact us today, and our Medicare audit lawyers and Anti-Kickback Statute and Stark Law defense attorneys will have a solid health care compliance reporting strategy put in place for you. 

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