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tance of compliance with all applicable healthcare regulations. Remind them
of their duties to report illegal conduct.
Be sure to provide a way by which employees can report violations internally and anonymously. Take these reports seriously. Even if an employee registering a complaint is in error about what the law requires, and even if what
she is reporting is not actually illegal, make sure she doesn't feel as though
her complaint is being brushed off.
It's just as important to train your supervisors and managers on properly
and sensitively receiving employees' complaints, and promptly responding to
troubled working relationships. Obtain confirmation from departing employees, management or staff that they've disclosed any misconduct of which
they're aware.
No signs of slowing down
Healthcare providers involved in FCA actions can face potentially significant
risks. According to the law, damages can be tripled, and civil penalties range
from $5,000 to $10,000 per claim.
It can get worse. Depending on the seriousness of the alleged fraud, a
provider might be ordered to enter into a corporate integrity agreement,
which usually involves 5 years of stringent requirements and government
oversight.
The biggest pitfall of FCA lawsuits, however, is that defendants who are
found liable for fraudulent activity can be excluded from participation in
Medicare, Medicaid and other federal healthcare programs — a veritable death
O C T O B E R 2012 | O U T PAT I E N T S U R G E R Y M A G A Z I N E O N L I N E
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