David W. Ogden, Ronald C. Machen, Stephen A. Jonas and Ericka Aiken were contributing authors to the first edition of Global Investigations Review’s The Guide to Monitorships. Their chapter focuses on healthcare monitorships, especially those imposed by the US Department of Justice’s Criminal Division.
An extract from the first edition of The Guide to Monitorships is below. View the whole publication.
For nearly 15 years, the Department of Justice (DOJ) has used independent monitors to address compliance issues with companies accused of violations of healthcare fraud statutes and regulations. The breadth and dynamic nature of those statutes and regulations, the ever-changing structure for delivery of healthcare, and the complexity of the operations of many of these companies present unique challenges to healthcare monitors. This chapter explores the history of healthcare monitorships and how they have worked in practice, with a focus on monitorships imposed by the DOJ's Criminal Division. The chapter proceeds by providing: the historical context; the legal context; enforcement actions and trends; unique challenges; and predictions for the future.