No Joke: Personal Liability in a Post-Yates Memo Era

Posted on
December 1, 2016

In September 2015, we first heard of the Yates memo and were warned that the DOJ was going to take individual accountability in corporate wrongdoing seriously. We have seen fines against individual physicians, but now we know hospital executives can no longer ignore the risks.

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Tuomey Healthcare's CEO is personally paying $1 million for the hospital's improper payments. Not only that, but he cannot work for any healthcare entity that receives federal reimbursements for the next four years.

In September 2015, we first heard of the Yates memo and were warned that the DOJ was going to take individual accountability in corporate wrongdoing seriously. We have seen fines against individual physicians, but now we know hospital executives can no longer ignore the risks.

Executives must take critical steps to protect their organization, and themselves, from violations and fines:

  • Take a hands-on approach to working with your team to ensure compliance processes and procedures are robust.
  • Be sure that everyone within the organization understands the importance of documentation. Cut no corners in the documentation process.
  • Understand the steps that are being taken to ensure the organization is compliant.

We expect that this is only the beginning of personal fines for corporate wrongdoing and that we will see larger and more frequent fines in 2017 and beyond.

While many organizations feel pressure to get contracts with physicians in place, you absolutely must have compliant arrangements; not only for the hospital's sake, but your own.

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