Healthcare Fraud Self-Disclosure of FCA Violations to DOJ: Protocol, Pros and Cons, Lessons From Recent Settlements
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will examine when healthcare providers should consider self-disclosure of possible False Claims Act (FCA) violations to the DOJ in addition to HHS-OIG. The panel will examine recent DOJ FCA settlements with healthcare providers to address the risks and benefits of self-disclosure to the DOJ and to determine what actions were taken by the providers that were considered favorable by the DOJ and led to a reduced damages calculation.
Outline
- Introduction
- FCA overview
- Evaluating when to make a self-disclosure
- HHS-OIG self-disclosure vs. DOJ self-disclosure
- Agency protocol
- Risks and benefits of self-disclosure
- Recent DOJ FCA settlements and the impact of self-disclosure
- Innovasis Inc. (May 2024)
- Baptist Health System Inc. (May 2024)
- Lee Moffitt Cancer Center & Research Institute Hospital (Jan. 2024)
- Oliver Street Dermatology Management Inc. (Sept. 2023)
- Others
- Practitioner takeaways
Benefits
The panel will review these and other important considerations:
- When should counsel and their healthcare provider clients consider self-disclosure to HHS-OIG? To the DOJ?
- What are the risks and benefits associated with self-disclosure to the DOJ?
- What can counsel learn from recent DOJ FCA settlements as to when to voluntarily disclose possible FCA violations to the DOJ?
Faculty
Denise M. Barnes
Member
Bass, Berry & Sims
Ms. Barnes counsels clients in high-stakes matters related to fraud allegations, including in healthcare, federal... | Read More
Ms. Barnes counsels clients in high-stakes matters related to fraud allegations, including in healthcare, federal contract procurement, and securities and financial services. A former trial attorney with the U.S. DOJ, she has extensive experience handling issues related to compliance, white-collar and regulatory investigations, and complex commercial litigation. Ms. Barnes represents businesses in public and non-public investigations, regulatory inquiries, and proceedings involving federal and state agencies. She frequently assists clients navigating government investigations related to allegations arising under the False Claims Act, Anti-Kickback Statute, Stark Law, and FIRREA. Ms. Barnes is also a recognized leader in her practice, frequently participating in various speaking engagements and authoring articles on critical topics such as cybersecurity, government contract billing, financial data rights, and developments related to the FCA.
Close
Anjali N.C. Downs
Member
Epstein Becker and Green
Ms. Downs’ commanding knowledge of the False Claims Act, Anti-Kickback Statute, and Stark Law safeguards... | Read More
Ms. Downs’ commanding knowledge of the False Claims Act, Anti-Kickback Statute, and Stark Law safeguards healthcare clients’ products, services, and ensures operational success. Clients, which range from providers to device manufacturers and ambulatory centers, depend on her in-depth understanding of the fraud and abuse laws and what triggers government authorities to take exception. As regulatory counsel, Ms. Downs aligns clients’ risk tolerance with commercial opportunities to create a path forward. As value-based care expands, she is preparing clients to meet related challenges on fraud and abuse laws and the interactions by and between healthcare referral sources.
Close