David W. Ogden, Ronald C. Machen, Stephen A. Jonas, Ericka Aiken and James Barton were contributing authors to the second edition of Global Investigations Review’s The Guide to Monitorships. Their chapter focuses on healthcare monitorships, especially those imposed by the US Department of Justice’s Criminal Division.
Find their chapter on the healthcare industry, and view the full publication.
Excerpt: For 15 years, the Department of Justice (US DOJ) has used independent monitors to address compliance issues with companies accused of violations of healthcare fraud statutes and regulations. The breadth and dynamic nature of those statutes and regulations, the ever-changing structure for delivery of healthcare and the complexity of the operations of many of these companies present unique challenges to healthcare monitors. This chapter explores the history of healthcare monitorships and how they have worked in practice, with a focus on monitorships imposed by the US DOJ’s Criminal Division. The chapter takes you through the historical context, the legal context, enforcement actions and trends, unique challenges and predictions for the future.