Criminal Charges in Healthcare: When the Entity is Held Accountable for Individual Wrongdoing
Case Studies, Ascribing Knowledge to the Entity, Policy and Procedure Development to Mitigate Risk, Defense Strategies

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Health
- event Date
Tuesday, March 25, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will discuss when criminal charges may be brought against corporate healthcare entities and possible defense strategies if this should occur. The panel will examine notable cases where criminal charges were brought against healthcare entities and lessons that can be learned in policy development and other risk mitigation techniques.
Faculty

Ms. Barrett is a seasoned healthcare lawyer with significant experience in analyzing federal and state healthcare laws and regulations, particularly related to fraud and abuse, health system operations, medical necessity and billing and coding. She also has significant experience in compliance matters, having served as SVP, Chief Compliance and Ethics Officer for a large health system with an academic medical center. Ms. Barrett has served as General Counsel to a multi-facility health system and has held senior in-house positions in for-profit, non-profit, and public health systems. She has also spent many years in private practice providing advice and guidance to a wide variety of healthcare providers including hospitals, ambulatory surgery centers, physicians, home health agencies, hospice providers, DME providers, labs and nursing homes. Ms. Barrett is currently an Adjunct Professor at the Maurice A. Deane School of Law at Hofstra University, as well as at the Univeristy of North Carolina at Wilmington. She holds leadership positions in the ABA's Health Law Section, as Vice Chair of eHealth, Privacy & Security, as well as Vice Chair of Ethics and Professionalism. Ms. Barrett frequently speaks and writes on a wide array of health law and compliance topics.

Mr. Porter focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, with an emphasis on matters within the healthcare industry. As a former federal prosecutor with the DOJ, he was a key member of multiple international healthcare fraud takedowns and prosecuted a series of high-profile financial crime cases. Mr. Porter also handled major civil investigations and litigation against companies and individuals under the False Claims Act, resulting in record-breaking settlements and judgments. He now uses that experience to guide clients through federal investigations of all kinds, to litigate cases against and involving the government, and to run effective and right-sized internal investigations for corporations. Many of Mr. Porter’s clients are in the healthcare industry, including health systems, physician groups, and other healthcare companies, along with medical professionals and executives. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group.

Mr. Ordonez is the Vice President & Chief Compliance Officer at the Jackson Health System in Miami, the public, academic medical system and provider of need for the residents of Miami-Dade County Florida. Prior to assuming the role of CCO, he held a number of roles within the Jackson Office of Compliance and Ethics and within the Jackson Office of Clinical Trials.
Description
Liability risks are high for healthcare entities, yet criminal charges are rare. Typically, federal investigations involve civil proceedings under the False Claims Act and most criminal cases are brought against individuals. However, corporate healthcare entities may also be criminally charged where employees of the entity participate in criminal conduct that results in the entity making claims to federal healthcare programs as demonstrated by a recent federal indictment against Chesapeake Regional Medical Center (CRMC) for healthcare fraud and conspiracy to defraud the United States and interfere with government functions.
The story begins with a doctor who had privileges at the hospital and who was indicted and convicted of healthcare fraud and sentenced to 59 years in prison. The CRMC indictment imputes knowledge of the doctor's wrongdoing to the hospital, alleging that the hospital knowingly disregarded the doctor (1) performing unnecessary surgeries in order to increase the hospital's revenue; (2) misclassifying inpatient procedures as outpatient for reimbursement purposes; and (3) performing procedures without valid consent forms. Resolution will be costly.
Counsel should understand when criminal charges may be brought against corporate healthcare entities and how to mitigate the risk of this happening. Counsel should also be able to guide their healthcare clients through defense strategies.
Listen as our expert panel examines when criminal charges may be brought against corporate healthcare entities and how to defend against such charges. The panel will examine notable cases and offer best practices for mitigating risk.
Outline
- Introduction:
- When are criminal charges brought against corporate entities?
- Why criminal charges are rare
- Criminal cases against healthcare entities
- Extreme conduct
- Ascribing knowledge to the corporate entity
- Case studies
- Chesapeake Regional Medical Center
- Others
- Defense strategies
- Enforcement, resolution, and possible penalties
- Best practices to mitigate risk of criminal prosecution
- Policy and procedure development
- Practitioner takeaways
Benefits
The panel will review these and other important considerations:
- Under what circumstances may criminal charges be brought against a corporate healthcare entity?
- When may an individual's wrongdoing be ascribed to the entity?
- What are best practices for mitigating the risk of criminal charges being brought against a healthcare entity?
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