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DOJ Cooperation Credit Guidance: What is the Benefit of Cooperation?

The U.S. Department of Justice (DOJ) issued policy guidance on May 6, 2019, about providing credit in False Claims Act (FCA) settlements to corporations for "disclosure, cooperation, and remediation." See https://www.justice.gov/jm/jm-4-4000-commercial-litigation#4-4.112 . While the guidance explains how the DOJ can award cooperation credit to corp...
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THE DEPARTMENT OF JUSTICE IN APRIL 2019 UPDATED GUIDANCE FOR EVALUATING CORPORATE COMPLIANCE PROGRAMS. HOW DOES YOUR ORGANIZATION RESPOND TO THE THREE FUNDAMENTAL COMPLIANCE QUESTIONS?

The "Principles of Federal Prosecution of Business Organizations" in the U.S. Department of Justice (DOJ) Justice Manual describe specific factors that prosecutors should consider in conducting an investigation of a corporation, determining whether to bring charges, and negotiating plea or other agreements. Additionally, the United States Sentencin...
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2018 All-Time Record Year for HIPAA Enforcement

The Office of Civil Rights recently reminded us of the importance of HIPAA privacy and the cost of neglect. In a February 7, 2019, posting the Office for Civil Rights (OCR) concluded an all-time record year in HIPAA enforcement activity. OCR also recently issued a Report to Congress detailing the frequency of types of breaches. See Report to Congre...
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Security Risk Analysis: Ensure Your Risk Analysis includes an assessment of the Health and Human Services Voluntary Cybersecurity Practices for the Health Industry

On Friday, December 28, 2018, the Department of Health and Human Services (HHS) released the "Health Industry Cybersecurity Practices (HICP): Managing Threats and Protecting Patients" publication. The four-volume publication aims to provide voluntary cybersecurity practices to healthcare organizations of all types and sizes. This document is a valu...
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NEW YEAR'S COMPLIANCE RESOLUTIONS FOR HEALTH CARE: PLAN NOW OR PAY LATER

DEPARTMENT OF JUSTICE 2018 FALSE CLAIMS ACT UPDATE: A REMINDER FOR NEW YEAR 2019 COMPLIANCE RESOLUTIONS TO PROTECT YOUR HEALTH CARE ORGANIZATION FROM A FALSE CLAIMS ACT LAWSUIT New Year's resolutions include more than losing a few pounds and going to the gym. It is time to implement your health care organization's 2019 compliance plan----NOW! The D...
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