In a recent white paper, Partner David Ogden and Shannon Sumner of PYA, a national healthcare consulting firm, examine the increased importance of compliance programs in federal enforcement efforts as part of the larger government trend toward improving incentives for good corporate citizenship.
“The Role of Compliance in Government Enforcement” is meant to help companies better understand the expectations of both the Health and Human Services Inspector General and Department of Justice for healthcare industry compliance programs.
Additionally, the white paper discusses key clarifications of policy during both the Obama and Trump administrations that serve as signposts of enforcement officials’ shift toward focusing more punishment on individual wrongdoers while encouraging steps at greater compliance in corporations.'
For instance, the white paper covers at length the October 2018 guidance issued by Assistant Attorney General Brian Benczkowski aimed at refining the process that results in the appointment of independent compliance monitors. (WilmerHale has experience as a monitor with Mr. Ogden, a former Deputy Attorney General, and Partner Ronald Machen, a former US Attorney for the District of Columbia, currently serving in that role for a major healthcare company.)
“Effective compliance programs not only serve as shields against potential compliance risks, they also afford a strong defense against any government inquiry and/or enforcement action,” the whitepaper concludes.
The white paper would not have been possible without the excellent work of Senior Associate Ericka Aiken, and Mr. Ogden is grateful for her efforts.
