Recent enforcement actions taken by the federal government against health care industry executives (e.g., CEOs, general counsels, compliance officers and other senior executives) demonstrate that the government has a substantial interest in holding individuals liable for corporate wrongdoing.
The government is currently using to legal tactics to pursue personal liability against health care executives, including revival of the Responsible Corporate Officer Doctrine (RCOD), new guidance setting forth the intention of the Office of Inspector General (OIG) to more broadly invoke its permissive exclusion authority against individuals, and increased prosecutions of health care executives for violations of federal fraud and abuse laws by their companies.
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