Bass, Berry & Sims attorneys Lisa Rivera and Jeff Gibson authored a guest column for Modern Healthcare reviewing the directives of the Yates Memo as it impacts investigations related to healthcare fraud and abuse. While Lisa and Jeff contend that the enforcement outlined in the Yates Memo is merely building upon a decades-old position, "[w]hat is new, taking the Yates memo and other Obama administration directives as a whole, is a narrower, more difficult path for healthcare organizations hoping to earn 'cooperation credit' when providing information to the government."
The article also provides several practical steps for healthcare companies to implement in order to cooperate with government investigations:
- Creating, implementing and regularly evaluating a robust compliance program
- Conducting prompt, thorough internal investigations
- Considering the ramifications of any action on all potential enforcement fronts, including possible actions against the individuals managing or making decisions on behalf of the corporation.
The full article, "Commentary: Raising the Bar on 'Cooperating Fully' with the Government," was published by Modern Healthcare on November 11, 2016, and is available online.