Monitorships

Bass, Berry & Sims’ attorneys have served in regulatory auditor and monitor roles for some of the most preeminent companies and organizations in the world, including the New York Stock Exchange (NYSE). With a practice that focuses on various industries, including international business and healthcare, we are able to offer insight in several key areas of government enforcement. As government-approved monitors, our attorneys have extensive experience evaluating and monitoring the implementation of remedial measures and internal controls following allegations of unlawful conduct or deficiencies. We have credibility with enforcers, a proven record of independence, the capacity to handle long-term and in-depth reviews, and exceptional cost-efficiency.

International Business and the FCPA

Our team includes former officials from U.S. Securities & Exchange Commission (SEC); U.S. Department of Justice (DOJ); U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG); and Federal Trade Commission (FTC); as well as a former Tennessee Attorney General.

Our attorneys have provided Foreign Corrupt Practices Act (FCPA) assistance to companies in a variety of sectors and many of our team members have lived and worked overseas. We understand and appreciate the cultural and compliance challenges that occur in international business and the importance of achieving compliance objectives while minimizing the effect on business operations.

We satisfy each of the following key criteria for FCPA monitors:

• Demonstrated FCPA training, counseling and internal investigations experience.
• Extensive experience designing, reviewing and implementing FCPA policies, procedures and controls.
• Experienced team with access to necessary resources and the ability to deploy worldwide.
• Ready access to local counsel and resources in 120 countries with the ability to deploy worldwide through our firm’s membership in Lex Mundi and SCG Legal, two of the world’s leading associations of independent law firms.

Healthcare and the FCA

Our healthcare attorneys have decades of experience in healthcare fraud and abuse and False Claims Act (FCA) enforcement. We have a deep understanding of healthcare laws, including Medicare and Medicaid billing and reimbursement, the federal Anti-Kickback Statute, and the Physician Self-Referral Law (Stark). Our attorneys include former DOJ and Department of Health and Human Services Office of Inspector General (OIG) officials.

Similar to our FCPA experience, our healthcare attorneys are well-acquainted with government enforcement generally as well as the various agencies, offices, and individuals tasked with investigating and resolving healthcare fraud matters. Various members of our team have experience not only in representing clients who are negotiating and navigating Corporate Integrity Agreements (CIAs), but also in acting as monitors, legal independent review organizations (LIROs), and compliance experts under healthcare CIAs.

Our team was selected as an outside compliance advisor for a global healthcare provider. We served in this role for a three-year assignment conducting annual reviews of referral source arrangements, including review of all physical contracts, internal procedures and documentation, to identify compliance gaps and areas for improvement in the structure and approval process. We’ve also served as the outside compliance advisor of a national hospital management company under a CIA. This assignment included a comprehensive compliance program review, interviews of employees and executives, and preparation of an annual report in two consecutive years that the OIG accepted without comment or additional inquiry. In addition, we’ve acted as the independent monitor and LIRO for a large healthcare provider and a hospital, respectively, operating under OIG corporate integrity agreements.