Modern Healthcare interviewed Tom Mortell and Michelle Gustavson of Hawley Troxell’s health law practice group regarding a recent article in Modern Healthcare Magazine on the responsible corporate officer doctrine. To see the article on this topic authored by Mr. Mortell and Ms. Gustavson in the Idaho State Bar’s June/July 2012 edition of The Advocate, please click here. Modern Healthcare’s story appeared in its October 1, 2012 edition.
The Modern Healthcare story discussed the potential exclusion by the United States Department of Health and Human Services (HHS) of executives and officers of health care providers from future participation in health care businesses that receive reimbursement from the federal government. The exclusion of these executives was based on fraud and abuse violations committed by the companies they led, despite the fact that these senior management personnel lacked knowledge of the improper conduct of those under their supervision. According to HHS, management’s failure to take steps to prevent such improper conduct may warrant exclusion of the management-level individuals.
In its story, Modern Healthcare quoted Mr. Mortell, saying that, “At least in the fraud and abuse setting…if you can show the government that you have been active and engaged in promoting compliance in your organization, we think that will mitigate fraud and abuse issues as well as the chance the office of the inspector general will use its authority under the responsible corporate officer doctrine.”
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