BarbriSFCourseDetails

Course Details

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

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

  1. Trends and legal developments affecting the risks of healthcare investigations and prosecution
  2. Factors influencing actions
    1. Enforcement actions
    2. Corporate and individual actions
    3. When the government may pursue both
  3. Responding to subpoenas and CIDs
  4. 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?