Healthcare Investigations, Prosecutions and Compliance Strategies: New Developments and Hot Topics
What Healthcare Providers, Their Counsel and Compliance Officers Need to Know

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Health
- event Date
Wednesday, September 7, 2022
- 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 course will guide healthcare counsel on handling the investigation and prosecution of a healthcare provider. The panel will review key new court decisions, guidance documents and rulemaking and what they may mean for the mechanics of healthcare investigations, prosecutions and compliance programs going forward.
Faculty

Ms. Ferrari has more than 25 years of experience in the healthcare industry in various counsel, consulting and leadership roles. She serves clients inside and outside of Pinnacle, providing assistance with compliance strategy, risk management, due diligence, investigations, and litigation.
Her practice experience is national in scope and includes providing transactional, operational, governance, and dispute resolution support for a broad array of nonprofit, for-profit, and governmental clients, including hospitals and health systems, physicians and physician groups, clinical laboratories, and pharmaceutical and medical device vendors, distributors, and manufacturers. She has assisted clients with structuring, documenting, managing, and, when appropriate, defending financial arrangements involving healthcare providers, often with attention to requirements and implications of the Stark Law, Anti-kickback Statute, False Claims Act, non-profit tax regulations, Foreign Corrupt Practices Act and/or the various state laws concerning billing, payment and corporate practice of medicine. Her work has included assisting clients with mergers and acquisitions, affiliations, joint ventures, public-private partnerships, enterprise-level compliance programs, and healthcare workforce recruitment and management arrangements, including significant incentive, independent contractor, and employment arrangements that exceed $1 million in annual compensation. Her work has also included outside general and special counsel services for healthcare clients, focusing on their contracting and compensation practices.

With more than two decades of experience as a federal and state prosecutor and more than a decade in private practice, Mr. Weinstein advises and represents individuals and companies in a broad range of white collar criminal defense and compliance matters. He understands the priorities of and processes followed by law-enforcement officials, and uses this knowledge to help clients develop, implement, and manage effective compliance programs, conduct internal investigations, determine self-reporting strategies, respond to agency inquiries, and mount a strong defense in jury trials and settlement negotiations.

Ms. Hardin is a partner in the Litigation Practice Group. She focuses on criminal litigation as well as business, commercial, and labor disputes.

Mr. Martin is a partner in the Litigation Practice Group. He represents clients in corporate compliance, white collar criminal defense, employment, and commercial litigation matters.
Description
Government investigations and prosecutions in the healthcare space continue to increase in frequency and complexity. These cases may involve parallel criminal, civil and administrative proceedings, with substantial costs and penalties.
Against this backdrop, there are several new court decisions, government guidance documents and administrative rules that may dramatically change how certain types of healthcare cases are investigated and pursued.
Listen as our panel of regulatory and defense counsel provides a review of key new court decisions, guidance documents and rulemaking and what they may mean for the mechanics of healthcare investigations, prosecutions and compliance programs going forward. Topics will include:
- Significant trends and legal developments affecting the risks of healthcare investigations and prosecution, including several recent court cases that are likely to have far reaching implications for both individuals and corporations involved in healthcare delivery, including in data privacy and security, telemedicine, medication prescribing and provider compensation practices.
- Factors influencing criminal and civil enforcement actions, and corporate and individual actions, and when the government may pursue both
- Subpoenas and civil investigative demands and how to respond, including managing confidential information
- The evolving anatomy of an FCA case or other significant prosecution, including negotiating settlements and what to expect in Corporate Integrity Agreements and Deferred Prosecution Agreements going forward
- Sample policies, procedures and best practices to help survive (or proactively avoid) various types of costly government investigations or enforcement actions
Outline
- Trends and legal developments affecting the risks of healthcare investigations and prosecution
- Factors influencing actions
- Enforcement actions
- Corporate and individual actions
- When the government may pursue both
- Responding to subpoenas and CIDs
- Anatomy of a significant prosecution
Benefits
The panel will review these and other vital questions:
- What should healthcare providers and their counsel consider when facing government investigation?
- What steps can providers and counsel take to limit potential liability?
- What best practices should healthcare counsel employ when dealing with a government investigation and prosecution?
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