Join Bass, Berry & Sims member, Denise Barnes, on a panel alongside Anjali N.C. Downs (Epstein Becker and Green), as they 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 also 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.

For registration details and additional information, please visit the Strafford website.

 

Description

Recent DOJ settlements (e.g., Baptist Health System Inc. and Innovasis Inc.) demonstrate the importance of healthcare providers considering self-disclosure of potential FCA violations, not only to HHS-OIG, but also to the DOJ to mitigate the potential of future liability. Even when settling with HHS-OIG, without a DOJ release of FCA liability, healthcare providers may still be open to FCA qui tam suits for the same alleged FCA violations disclosed to HHS-OIG.

The DOJ has a strong interest in incentivizing companies and individuals to voluntarily disclose possible FCA violations and extends “credit” to those who do so during the resolution of the FCA case. Such “credit” refers to the DOJ’s discretion to reduce penalties or damages from the treble damages required by the FCA to 1.5-2 times the amount of damages under certain circumstances as demonstrated in recent settlements.

Listen as this panel discusses when healthcare providers should contemplate self-disclosure to the DOJ for possible FCA violations. It will also discuss the DOJ self-disclosure protocol as compared to the HHS-OIG self-disclosure protocol and address the potential risks and benefits of self-disclosure to the DOJ by examining recent DOJ FCA settlements with healthcare providers.


Outline

  1. Introduction
    • FCA overview
    • Evaluating when to make a self-disclosure
  2. HHS-OIG self-disclosure vs. DOJ self-disclosure
    • Agency protocol
    • Risks and benefits of self-disclosure
  3. 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
  4. Practitioner takeaways

 

Benefits & Takeaways

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?