Lisa Re Unpacks DOJ and OIG Disclosure Options with Report on Medicare Compliance
Lisa Re, Arnold & Porter Life Sciences & Healthcare Regulatory partner and former Assistant Inspector General for Legal Affairs at the U.S. Department of Health and Human Services Office of Inspector General (OIG), was quoted discussing the U.S. Department of Justice’s (DOJ) new policy on voluntary self-disclosure of criminal conduct by health care organizations in the recent Report on Medicare Compliance article, “DOJ: Self-Disclose Criminal Matters to DOJ, Not OIG; FCA Pilot Debuts.”
Lisa noted that OIG’s self-disclosure protocol remains relevant to conduct under its civil monetary penalty (CMP) authorities, even as potential criminal matters are referred to DOJ. “Most cases aren’t criminal conduct,” she said. “There’s a lot of different conduct that falls squarely within OIG’s CMP authorities. I think people will continue to disclose to OIG.”
Lisa also touched on potential violations of the Anti-Kickback Statute, noting that the same conduct can be both criminal and prohibited under the Civil Monetary Penalty Law. “That makes it harder to determine whether you want to go to DOJ or OIG,” she explained.
