Question

Consider the settlement in U.S. v. Halifax and the Corporate Integrity Agreement entered into by Halifax Hospital Medical Center, which addresses methods for preventing Anti-Kickback violations. What measures required by the Corporate Integrity Agreement do you believe will be most effective in preventing future violations? Which, if any, do you think will be least effective or ineffective in preventing future Anti-kickback violations? Explain your reasoning.

Answer 1

According to anti-kickback rule, it is illegal for any health care organization and health care providers to receive any bribe as part of delivery of health care program.

Methods to prevent future violations:

• Compliance officer must be appointed by the organization to implement policies and protocols to make sure that the organization maintains compliance in health care services
• A compliance committee consisting of compliance officer and senior officials who will have regular meetings in regard to maintanence of compliance in the organization
• A group of employees in the organization must be certified to inspect the flow of regulations of the health programs of the Federal government which are already implemented and are followed
• Code of conduct must be enforced to ensure the work performance of the employees
• Training of the certified employees must be on anti-kickback statute and stark law
• Events that involve taking bribe, over payment of bills, including a person who is ineligible for the policy
• A common central system for tracking medical supplies, services must be put in force

Steps or measures that are ineffective:

Even though, all the measures involved in Cooporate Integrity Agreement are effective in preventing violations of anti-kick back rule or statute, penalty for compliance officers and senior personnal would be considered as a second step. Warning could be put forward rather than putting penalty directly on the officers at first. If warning is not considered seriously, penalty could be implemented.