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New Safe Harbor and General Compliance Program Guidance Provides Opportunity for Buyers to Mitigate Litigation and Fraud Risk

Health Law RX

By maintaining a robust compliance program, healthcare companies are better able to identify potential red flags early and to prevent violations of fraud and abuse laws. But robust pre-closing due diligence is not always practicable. Gandle, for her contribution to this blog post.

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Changing Tides: DOJ Announces a New Safe Harbor Policy for Voluntary Self-Disclosure in M&A Transactions

Hall Render

This Safe Harbor Policy (“Policy”) is aimed at incentivizing acquiring companies to identify and timely disclose misconduct discovered during the due diligence and post-acquisition integration process. Transactions that might have been abandoned or restructured due to the discovery of misconduct can now potentially move forward.

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PE Firms Face Liability for the Conduct of their Portfolio Companies: Are you Paying Attention?

Healthcare Law Blog

These concerns come about as part of an evolving emphasis by the government on preventing fraud and abuse in health care. Participants also discussed the use of the False Claims Act (“FCA”) as a tool for healthcare fraud enforcement. On March 25, 2021, the U.S. The case ultimately settled, with the PE firm paying $1.5

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8 Common Provider Credentialing Mistakes and How to Avoid Them

Verisys

3: Allowing a physician to treat patients before credentialing is completed Courts have held hospitals liable when a physician falsifies credentials, and the hospital fails to do its due diligence in verifying them. Therefore, due diligence requires background checks to identify current and historical adverse actions.

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Achieving Transparency: How to Close a Critical Gap in Healthcare Compliance

Verisys

Backed by FACIS ® ( Fraud Abuse Control Information System ), the most comprehensive data platform in the healthcare industry, the accuracy of Verisys’ screening, verification, and monitoring services exceeds the standard set by the Office of Inspector General (OIG). Verisys was created over 30 years ago to address this very issue.

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Achieving Transparency: How to Close a Critical Gap in Healthcare Compliance

Verisys

That is, until there is a fine, civil monetary penalty, or public lawsuit caused by patient negligence or fraud. Verisys performs verification and due diligence on all possible matches identified through the screening process to determine true and correct matches. Verisys was created over 30 years ago to address this very issue.

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7 Key Value-Adding LOI Terms

Healthcare Law Blog

We commonly see definitions of “Fraud”, “Debt”, “Knowledge”, “Loss” and “Material Adverse Effect” (as well as “Fundamental Representations” and “Specified Representations”, as noted above) specified in LOIs or in schedules thereto. Schedule certain defined terms. Define purchase price adjustments.