100% Solved
FSG - Remedial Orders ✔✔RO as part of Probation can require organization to remedy harm
and eliminate or reduce the risk the offense will cause future harm. If future harm can be
reasonably estimated then court can require the organization to create a trust fund sufficient to
address that expected harm.
FSG-Community Service ✔✔An organization can perform community service only by
employing it's resources or paying it's employees or others to do so.
FSG-Compliance and ethics program. 4 factors to consider in meeting requirements ✔✔A).
Applicable Government Regulation and Industry Practice
B).Size of the organization
C).Recurrence of similar misconduct
FSG-Small Organization ✔✔<200 employees
,FSG-Pervasiveness under subsection b. ✔✔Case specific, depends on number and degree of
responsibility, of individuals within substantial authority personnel who participated
in,condoned, or were willfully ignorant of the offense.
Obstruction does not apply to ✔✔Individuals hiding from organization
5 most important federal fraud and abuse laws ✔✔*False Claims Act (FCA)
*Ant - kickback Statute (AKS)
*Physician Self-referral *Law (Stark I II III )
*Exclusion Authorities
*Civil Monetary Penalties Law (CMPL)
Stark - designated health services (DHS) ✔✔*labs
*PT,OT,Outpatient Speech/Language Pathology
*Radiology, some other imaging
*Radiation therapy, supplies
*DME
*Parenteral enteral nutrients supplies
, *Prosthetic Orthotic supplies devices
*Home Health services
*Outpatient Rx drugs
*Inpatient and Outpatient Hospital Services
Stark - strict liability ✔✔Proof of intent not required to prosecute
Stark ✔✔Prohibits physicians from referring patients to receive DHS payable by Medicare or
Medicaid from entities with which the physician or immediate family member has a financial
relationship unless an exception applies.
Stark-penalties ✔✔Fines and exclusion from federal healthcare programs.
Stark-"Stand in shoes" ✔✔DHS entity that owns or controls an entity to which a physician refers
Medicare patient for DHS. =A direct compensation arrangements.
Audit- "Retrospective Audit","Baseline Audit","Snap Shot Audit" ✔✔Broad risk assessment of
all areas you need to fix. Used to develop benchmarks.