By Daniel R. Walworth, Erin M. Duffy and Nicolette Taber
Healthcare organizations face uncertainty in evaluating outcomes from disclosing billing or financial relationships that could give rise to False Claims Act exposure. Self-disclosures can invite broad inquires, Corporate Integrity Agreements and unpredictable damage multipliers and penalties. Silence, of course, risks even worse outcomes. The Department of Justice Civil Division, working with the Department of Health and Human Services, unveiled a time-limited Healthcare False Claims Act Self-Disclosure Pilot Program that mitigates that uncertainty.