Legal Insights and Perspectives for the Healthcare Industry

In case you’ve missed it, we’ve been running the Morgan Lewis Fast Break webinar series for more than two years now. The series examines a variety of different health law topics, from the old standards—Stark Law and Corporate Integrity Agreements, etc.—to topics on cutting-edge technology and legal developments such as Blockchain or our recent session on GDPR compliance. What we love about this series is that we get to highlight topics that may not be top of mind for many healthcare companies, helping listeners identify problems before they arise in their own practices or organizations. And as we explore these areas, we get to learn a lot as well.

The HHS OIG recently published a new Fraud Risk Indicator for False Claims Act (FCA) settlements on the risk spectrum for the first quarter of federal fiscal year 2019. Characterized as “an assessment of future risk posed by persons who have allegedly engaged in civil healthcare fraud,” the Fraud Risk Indicator purports to increase transparency by making public where an FCA defendant falls into one of five color-coded categories on a risk spectrum: Highest Risk – Exclusion (red), High Risk – Heighted Scrutiny (orange), Medium Risk – CIAs (yellow), Lower Risk – No Further Action (green); Low Risk – Self-Disclosure (blue).