The New Health Care Landscape: Understanding Compliance Trends and Individual Accountability after the Yates Memo

Implications and Impact of the Yates Memo on Your Compliance Program

On September, 2015, a policy memo, “Individual Accountability for Corporate Wrongdoing,” was issued by the Department of Justice (DOJ), informally known as “Yates Memo,” in healthcare compliance circles. Although the Memo has been in force more than a year, senior executives and in-house counsel still are unclear on how the DOJ will apply the Memo’s principles to corporate investigations.

Since the DOJ’s announcement of two False Claims Act settlements in September 2016, which forced some corporate entities to make substantial monetary payments, an important question has arisen. How will director and executive liability be impacted by the Yates Memo and False Claims Act in an evolving health care climate? Healthcare providers have been trying to understand the implications of the Yates Memo in the present health care landscape, which is ever changing. This shift in focus can have significant implications for management and individual employees in connection with a DOJ investigation.

Join this informative session with expert speaker Wayne J. Miller, Esq., and take a close look at the Yates Memo and the guidance outlined by the DOJ. Wayne will discuss recent compliance trends and enforcement actions that have emerged. He will also provide a practical and straight-forward explanation of key steps that must be taken by healthcare providers to minimize the risk of individual and corporate misconduct.

Session Highlights

• Overview of the Yates Memo and its six guidelines
• Examples of how the memo will impact penalties in Medicare fraud cases
• Why the new administration will continue to follow Yates
• How internal compliance audits need to change to incorporate individual and corporate liability concerns
• Ways providers can better protect against fraud claims
• Changes in D&O insurance coverage to consider now

Session Snapshots:

• Healthcare Fraud Law overview
• Potential noncompliance areas
• Yates memorandum highlights
• New administration position
• Internal Review: How to respond?
• Attacking healthcare fraud
• New administration impact
• Rethinking internal approach

Why should you attend:

Health care providers should pay careful attention to the Yates Memo because it could impact future compliance and fraud investigations.  If a provider wants to cooperate with the government (to receive a more lenient penalty) it may need to provide incriminating information about its own senior executives, physicians and employees.

In the aftermath of the Yates Memo, providers need to develop and implement a robust Corporate Responsibility Program. As a healthcare provider/professional you should register to learn more about the elements of an effective compliance program and to learn practical strategies aimed at minimizing the risk of potential misconduct, including active governance and oversight of management actions and development of processes that demonstrate that executives, physicians and individual employees have acted in good faith.

Who Should Attend

Health Care Providers/ Professionals: In-House Counsel, Health Care Executives, Health Care Human Resources, Health Care CFOs, Hospitals, Compliance Professionals, Decision Makers, Administrators.

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