Title II of the Health Insurance Portability and Accountability Act makes civil and administrative sanctions for fraud harsher

Article Abstract:

The enforcement provisions of the Health Insurance Portability and Accountability Act of 1996 took effect on Jan 1, 1997 and creates five new health care crimes, but the law's funding mechanisms will probably lead to more prosecution of health care fraud than the addition of new statutes. The law increases civil and administrative sanctions for health care fraud as well as expanding the possible application of discretionary and mandatory exclusion sanctions. This increase in sanctions will force the implementation or upgrading by most health care organizations of health care fraud compliance programs.

Remedies, Medicare fraud, Insurance fraud

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Measuring the need for early disclosure

Article Abstract:

A key issue for a corporate compliance program is whether to disclose executives' or subordinates' legal violations and when to do so. The government has emphasized the importance of disclosure and cooperating with authorities throughout its interest in corporate compliance, also promising lenient treatment when this cooperation takes place. The Organizational Sentencing Guidelines, a part of the US Sentencing Guidelines enacted in 1991, are even stricter about the need for disclosure and cooperation, requiring a reporting system as part of a corporate compliance program.

Management, Practice, Corporations, Preventive law

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Constitutional rights and corporate disclosure obligations clash when an officer or director asserts Fifth Amendment privileges

Article Abstract:

The SEC, in its report on the Cooper Companies affair, claims that a director who invokes a Fifth Amendment privilege not to speak during an SEC investigation must disclose this fact to investors. This is an unfair position that essentially punishes directors for invoking a constitutional right. The SEC did not give specific examples of when such information must be disclosed, and it certainly can not apply to every situation in which a director takes the Fifth. Clarification is needed.

Analysis, Laws, regulations and rules, Corporate directors, Securities fraud, Disclosure (Securities law)

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