Civil Monetary Penalties Defense
In the Department of Justice, it is the Office of the Inspector General (OIG) that hands down civil monetary penalties (CMP) for various violations. These violations and penalties can be extensive and financially ruinous, but they are not final. We can help defend you against any and all penalties.
At Kennedy Attorneys & Counselors at Law, we’re led by attorney Mark S. Kennedy, a former HHS Assistant Regional Counsel. He brings that insight and procedural knowledge to all our cases. For CMP claims, that means we have an insider’s understanding of the exact internal guidelines and discretion standards that OIG attorneys use when assessing penalties. Our ability to understand the case ahead of you and respond quickly is a vital tool for doctors, nurses, healthcare workers and companies across Texas.
CMP Penalties Explained
Civil monetary penalties from the OIG are assessed for violations that fall into one of several categories:
- Drug price reporting: Improperly reported information on drug prices needed to set reimbursement from government programs such as Medicaid
- False and fraudulent claims: Penalties assessed against individuals or companies for services that were not provided or already reimbursed
- Kickbacks: Any attempt to pay for play to gain advantage or pay to avoid scrutiny is itself a violation
- Emergency Medical Treatment and Labor Act: Penalties for violations of obligations under the EMTALA
- Physician self-referral: Penalties for physicians or facilities referring patients to care in places where they have financial relationships
In short, any and all instances of fraud or self-dealing are potential sources of penalties. You may receive a penalty for each instance of a violation, and these instances can add up over the course of a year, leading to an extensive fine. However, there are limits to how much you can be fined annually for each violation, and we can consult our resources to determine if your fines exceed the annual limits.
CMP Defensive Strategies
We bring structured defense and negotiation strategies to your case. Even if a fine is potentially warranted, we can take actions to minimize it, including:
- Leveraging the Health Care Fraud Self-Disclosure Protocol
- Analyzing mitigating factors
- Challenging government calculation methodologies
- Executing prelitigation settlement agreements that avoid mandatory program exclusion
We are determined to find the right avenue for our clients to minimize their financial obligation and risks in the future.
Working With Kennedy Attorneys & Counselors at Law
Our attorneys have more than 100 years of combined service to the healthcare industry in Dallas. We understand what our clients fear and worry about, and we understand what they need to overcome their anxieties. With the help of our internal investigation services, as well as our strong legal representation, we have helped clients get rapid settlements and penalty reductions, which make a real impact on the financial bottom lines of healthcare companies.
If your practice or healthcare organization needs to take action against OIG CMPs, we can help you by offering you the information and insight you need. Call today at 945-218-2698 or reach out online.