A lot has changed with he COVID-19 pandemic, but what if your organization is under a monitorship? Have the rules changed there, too?
According to John Hanson, President of the International Association of Corporate Monitors...more
As healthcare moves increasingly from fee-for-service model to one focused on outcomes and value-based payments, the traditional fraud and abuse laws, such as the Anti-Kickback Statute and the Stark Law, pose obstacles to...more
5/28/2020
/ Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Monetary Penalty ,
Compliance ,
Coronavirus/COVID-19 ,
Fee-for-Service ,
Health Care Providers ,
Healthcare Fraud ,
New Rules ,
OIG ,
Physicians ,
Policy Statement ,
Proposed Rules ,
Self-Referral ,
Stark Law ,
Telemedicine ,
Value-Based Care ,
Waivers
On May 6, 2020 the US Department of Education announced major changes to Title IX that greatly impact the way colleges and universities will need to address incidents of sexual harassment and assault.
In this podcast, Dan...more
Companies are struggling to survive and boards are stretched beyond belief. So how do you get the governing team to focus on compliance? According to Nell Minow — dubbed the “Queen of Good Corporate Governance” by...more
It’s tough complying with data privacy laws. You spend gazillions of dollars complying with GDPR, and then you have to spend a bunch more in response to the California Consumer Privacy Act (CCPA). Job done, right?
Not...more
5/7/2020
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Retention ,
Data Security ,
Data Storage ,
Data Subjects Rights ,
Personally Identifiable Information ,
Privacy Laws
With the COVID-19 pandemic demands for Personal Health Information (PHI) from law enforcement, the press, politicians and the public are increasing. While there may be good reasons behind many of these demands, healthcare...more
5/7/2020
/ Business Entities ,
Coronavirus/COVID-19 ,
Covered Entities ,
Data Privacy ,
Data-Sharing ,
Department of Health and Human Services (HHS) ,
Disclosure Requirements ,
Electronic Protected Health Information (ePHI) ,
Health and Safety ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OIG ,
PHI ,
Privacy Policy
Remember Brexit? It dominated the news before the pandemic. And while it may not be on the front page any longer, the clock is still ticking down to the end of the transition period on December 31, 2020.
As Andre Bywater of...more
Today’s it’s the COVID-19 Pandemic. A year from now it could be a natural disaster. But whatever the reason, even during a business interruption compliance programs still have to function effectively.
Don Griffith, Head of...more
Laws like EMTALA and HIPAA don’t just apply to US citizens. They apply to everyone. That both keeps things simple and adds complexity when it comes to undocumented immigrants.
As Lesley Anne Durant, Senior Corporate...more
4/16/2020
/ Assault ,
Consent ,
Coronavirus/COVID-19 ,
Deportation ,
Disclosure Requirements ,
Emergency Rooms ,
EMTALA ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hospitals ,
Human Trafficking ,
Legal Guardian ,
Mental Health ,
Migrants ,
Minors ,
Modern Slavery Act ,
Patient Discharge Planning ,
Police Reports ,
Public Health Emergency ,
Release of Information ,
Request For Information ,
Required Documentation ,
Sexual Assault ,
Suicide ,
Undocumented Immigrants
Group think, confirmation bias and a lack of critical thinking can all cause lapses in integrity.
Seeing high levels of all three led Roy Snell, the former CEO of the Society of Corporate Compliance and Ethics & Health Care...more
In an interesting study, with surprising implications for compliance and ethics program, Cigna found a very lonely America. The data showed that 61% of people are lonely, feeling that they lack social support and meaningful...more
4/2/2020
/ CIGNA ,
Code of Conduct ,
Collaboration ,
Compliance ,
Coronavirus/COVID-19 ,
Employee Engagement ,
Ethics ,
Productivity ,
Remote Working ,
Social Media ,
Workplace Communication
For years In re Caremark was the definitive decision from the Delaware courts on board oversight of compliance programs. Decided in 1996, the Delaware Court of Chancery held that directors had a duty of care. However, as...more
When responding to COVID-19, it’s important to both scrub your hands and also scrub your data practices.
As Jonathan Armstrong, partner at Cordery Compliance explains in this podcast, organizations – and not just those based...more
In Part I of this two-part series, Sheryl Vacca laid out implications for health care providers struggling to respond to the COVID-19 corona virus outbreak while remaining compliant. In this episode we look at how all...more
Healthcare providers aren’t just on the front line of dealing with COVID-19 coronavirus. They are also on the front line of the compliance challenges that come with it.
As Sheryl Vacca, Senior Vice President and Chief Risk...more
As business continues to increasingly embrace the concept of risk management, where does compliance fit, particularly in the context of broader Enterprise Risk Management (ERM) frameworks? It’s a tough question that James...more
A good investigation begins well before the first allegation, according to Scott Moritz, Senior Managing Director at FTI Consulting. It begins with the creation of a proper framework for how investigations will be...more
Judith Spain is a professor of business law at Eastern Kentucky University, Compliance Collaborative Program Consultant with the Georgia Independent College Association, and, most importantly for this conversation, the author...more
Tyler Schultz, like many others, was entranced by the vision of Theranos and its charismatic founder Elizabeth Holmes. He would not remain so for long, ultimately sharing his concerns with her, his grandfather (a member of...more
Given the risks of third parties, especially in risk areas such as corruption, much emphasis is placed on thorough vetting.
But once the deal is signed and the agent or contractor is hired, the risks don’t stop there. It’s...more
Supply chains are emerging as an increasingly complex risk area for compliance. The risk includes trade compliance, vendor management issues associated with cyber/privacy, product compliance, REACH, ROHS and California...more
2/6/2020
/ Compliance ,
Corporate Social Responsibility ,
Cybersecurity ,
Data Privacy ,
Exports ,
Imports ,
Popular ,
Risk Management ,
Supply Chain ,
Trade Policy ,
Transparency ,
Vendors
For financial services firms understanding who the Ultimate Beneficial Owner (UBO) of a corporation is has become a central compliance task.
As Ellen Lafferty explains in this podcast and in the new edition of The Complete...more
1/29/2020
/ Banks ,
Beneficial Owner ,
Business Ownership ,
Compliance ,
Controlling Stockholders ,
Customer Due Diligence (CDD) ,
Exceptions ,
Financial Institutions ,
Financial Services Industry ,
Legal Entities ,
Policies and Procedures ,
Publicly-Traded Companies ,
Verification Requirements
Breaking the rules is breaking the rules no matter where it occurs. And for those of us in compliance there is much to learn from scandals of all sorts.
Chris Rose, the co-host of Intentional Talk on the MLB Network and...more
“Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 prohibits the Federal Government from procuring or obtaining, or extending or renewing a contract to procure or obtain, ‘any...more
1/16/2020
/ China ,
Compliance ,
Exports ,
Federal Contractors ,
Foreign Policy ,
Huawei ,
Imports ,
NDAA ,
Risk Management ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
US Trade Policies
Heidi Rudolph, Managing Director at Morae Global, has spent a great deal of time considering technology’s role, risks and rewards for compliance teams. She contributed an article...more