Government Contracting Risks & Exposures
|
|
- Opal Potter
- 7 years ago
- Views:
Transcription
1 Government Contracting Risks & Exposures
2 The material appearing in this presentation is for informational purposes only and is not legal or accounting advice. Communication of this information is not intended to create, and receipt does not constitute, a legal relationship, including, but not limited to, an accountant client relationship. Although these materials may have been prepared by professionals, they should not be used as a substitute for professional services. If legal, accounting, or other professional advice is required, the services of a professional should be sought.
3 Presenter Curtis Matthews CPA, CPE, CISA, CITP, CGMA Managing Partner Curtis leads Moss Adams Federal Contracting Risk and Compliance Group. He brings over 28 years of Federal and state program controls and audit experience. Curtis provided internal control and compliance services for PricewaterhouseCoopers LLP s Government clients, monitored Intel s Federal Programs Office compliance and prepared submissions and negotiated Federal contracts for a large aerospace and defense contractor. Curtis has served as a full charge Defense Contract Audit Agency (DCAA) auditor and has helped Federal contractors comply with Federal Acquisition Regulations (FAR), Federal and State Department Requirements, and Federal Cost Accounting Standards (CAS). Curtis has performed over 100 Government compliance audits and has negotiated over 200 Federal contracts. He has helped companies implement Federal contracting compliance programs and successfully respond to and address DCAA audits. Curtis has helped his clients improve Government compliance controls in a wide variety of contracting environments, including firm fixed price and cost reimbursable Federal contracts.
4 Presenter James Bradshaw Special Counsel James practice at Ball Janik LLP focuses on Government contracts and business transactions, both domestic and international. He supports companies in pursuing and performing contracts with military and civilian agencies of governments throughout the world. He helps clients understand the complexities of U.S. Government procurement regulations and implement solutions designed to facilitate compliance with such regulations. He represents companies operating at both the prime contract and subcontract level, as well as those selling to governments directly or through an intermediary. Mr. Bradshaw has experience assisting companies with a broad range of commercial business transactions, including those relating to sales, supply, service, development, manufacturing and distribution. He supports clients through each phase of the undertaking. Mr. Bradshaw has significant hands on experience facilitating transactions and establishing sales channels in approximately 100 countries throughout the world. He has a particular experience in helping companies vet, engage and disengage foreign agents, consultants, sales representatives, dealers and distributors.
5 Discussion Topics for Today Assortment of Restrictions and Obligations o Multiple acts and public laws o Federal Acquisition Regulation (FAR) requirements o Systems compliance requirements o Specific contract clauses Severe Penalties o Imprisonment o Civil and criminal fines o Administrative penalties o Loss of contract or opportunity Awareness, Education, Training Business Ethics Program
6 Government Contracting Risk Areas Severe Penalties for Personal and Company Noncompliance o False Claims Act o False Statements Act o Reckless ignorance o Truth in Negotiations Act (TINA) o Breach of contract Loss of Government Funding o Suspension and debarment from government business o Due to noncompliance with Federal Acquisition Regulations (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), Federal Cost Accounting Standards (CAS); or failure to perform (breach of contract)
7 Government Contracting Risk Areas (cont.) Severe Penalties for Government Noncompliance o Submitting Claims (18 USC Section 287) Company fines up to $1 million per occurrence Defense Department specific Individual risk of up to ten years in Federal prison o False Claims Act (31 USC Sections 3729 to 3733) and False Statements Act (18 USC Section 1001) Both acts impose individual fines of up to $250,000 per occurrence for individuals and $500,000 for organizations with imprisonment exposures o Reckless Ignorance is also available to the Government per 31 USC Section o Gross negligence can constitute constructive fraud
8 Government Contracting Risk Areas (cont.) Severe Penalties for Government Noncompliance (cont.) o Truth in Negotiations Act (TINA) Failure to provide current, accurate and complete cost and pricing information at the time of agreement on price (FAR and FAR ) TINA is applicable to negotiated research and development agreements TINA violations or defective pricing result in reduction in contract price based on the impact of the information not disclosed (regardless of actual incurred contract cost) Fines and interest charges may be applied under TINA Civil and/or criminal penalties can also be applied under the False Claims Act, exposing the individual and the company (as discussed in previous slide)
9 Government Contracting Risk Areas (cont.) Severe Penalties for Government Noncompliance (cont.) o Breach of Contract United States law will apply to resolve any claim of breach of contract (FAR Applicable Law for Breach of Contract Claim) Termination for cause is available to the Government in these instances this can be costly
10 Government Contracting Risk Areas (cont.) Examples there are many. Here are a few: Northrop Grumman s Electronic Sensors Systems Division agreed to pay $5.3 million to settle alleged violations of the Truth in Negotiations Act Raytheon paid $2.7 million to settle allegations that the company charged the Government for costs incurred in marketing products to foreign governments Boeing paid $1.85 million for alleged defective pricing NetApp, Inc. (formerly Network Appliance) has agreed to pay $128 million to settle a lawsuit alleging that it violated the False Claims Act A Tools & Metals Inc. (TMI) former president pleaded guilty and was sentenced to seven years in prison in connection with his role in a pricing fraud Adverse publicity exposure
11 Civil False Claims Prohibits knowing submission of false records, invoices or claims for payment Reckless conduct or deliberate ignorance Intent to defraud not required Applies to subcontractors Lawsuit by Government or whistleblower
12 Civil False Claims (cont.) Penalties: o Up to three times the amount of the false claim o Plus $5,500 11,000 per claim Actions typically focus on: o Mischarging o Product substitutions o Eligibility/compliance with special Government contracting program requirements o Defective pricing
13 Civil False Claims (cont.) Qui tam lawsuit Government may intervene and take over prosecution Whistleblower may recover: o 15 25% if Government intervenes o 25 30% if no intervention o Legal fees and expenses Whistleblowers protected from retaliation NetApp Inc. o Failed to comply with the General Services Administration s (GSA) most favored customer pricing o Whistleblower contract administrator o $128M settlement, with $19.2M to whistleblower
14 Criminal False Claims Criminal versus civil differences: o Level of intent o Burden of proof Penalties: o Up to five years imprisonment o $250K for individuals o $500K for companies
15 Criminal False Claims (cont.) Bechdon Company o False claims inflated billing o Owner s sentence included: 18 months imprisonment 1 year of home detention 3 years of supervised release $100,000 fine $247,631 restitution o Company Non Prosecution Agreement $1M penalty Sell business operations President resignation
16 False Statements Prohibits lying to Government Statements o Certifications o Invoices o Timecards o Price quotes Indirect statements to Government Must be material
17 Mail and Wire Fraud Prohibits using mail/wires for scheme to defraud o Telephone o Internet Add on charge Penalties: o Up to 20 years imprisonment o Criminal fines
18 Bribery and Illegal Gratuities Prohibits: o Providing any thing of value to a Federal employee o For or because of an official act o Or with intent to influence Things of value include: o Gifts o Entertainment o Meals
19 Bribery and Illegal Gratuities (cont.) Requires showing: o Corrupt intent o Quid pro quo Bribe need not actually be paid Penalties: o Whichever is higher Three times the amount of the bribe, or $250,000 individuals/$500,000 organizations o Up to 15 years imprisonment
20 Bribery and Illegal Gratuities (cont.) For or because of an official act Reward for performing duty Prohibits gifts of any size Penalties: o $250K individuals o $500K organizations o Up to two years imprisonment o Contract termination for default
21 Permissible Gifts U.S. Office of Government Ethics (OGE) o Gifts that Government employees can accept Modest items of food and refreshments o Offered other than as part of a meal o Soft drinks, coffee, donuts Greeting cards and items with little intrinsic value o Intended solely for presentation o Plaques, certificates, trophies $20 max value per source per occasion $50 total value per source per calendar year
22 Anti-Kickback Act Prohibits: o Giving or receiving kickbacks to obtain or reward favorable treatment in connection with Federal contracts/subcontracts Kickbacks: o Money, fees, commissions, credits Report suspected violations to Government Flow down FAR clause for subcontracts > $100K
23 Anti-Kickback Act (cont.) Tamimi Global Company Ltd. o Contracts to run catering facilities o Kickbacks paid to subcontract manager o Illegal gratuities paid to Army sergeant o $13M settlement o Compliance program New management team and ethics/compliance team Strengthen code of business conduct Modernize procedures for finance/accounting Institute compliance hotline Retain consultant to evaluate/monitor compliance program
24 Improper Access to Government Information Prevents unfair advantage due to unequal access to information Prohibits disclosing or obtaining o Contractor bid or proposal information Info submitted with a bid or proposal Cost or pricing data, labor rates, proprietary information o Source selection information Info agency uses in evaluating bids or proposals Proposal prices, technical evaluations, rankings of bids Penalties o $50K individuals, $500K organizations o Administrative penalties, cancel procurement, rescind contract o Criminal liability for soliciting info in exchange for something of value
25 Organizational Conflict of Interest Disqualifies contractor from related work Typically occurs in contracts involving: o Management support or professional services o Contractor assistance in technical evaluations o Systems engineering work Contract Officer (CO) identifies/mitigates conflicts before award FAR provides examples o Contractor who prepares specification for nondevelopmental item (NDI) may not be awarded contract to supply item during initial production
26 Employment Discussion Restrictions Government official participating personally and substantially Procurement > $100K Bidder contact about employment Official must: o Report contact to agency o Reject offer or disqualify himself Penalties: o Cancellation of procurement o Contract rescission o Suspension and debarment o $50K individuals, $500K organizations, 1 2 times compensation
27 Post-Employment Restrictions Former Government employee o Restricted from representing private employer o In connection with matters previously under responsibility Vary in scope and duration o One year, two years or lifetime o Depends on employee s position and responsibilities Termination of a contract, criminal prosecution
28 Suspension and Debarment Contractor prohibited from receiving prime or subcontract awards Debarment o Exclusion for specified time o Generally less than three years Suspension o Exclusion pending completion of investigation o Open ended period Grounds o Procurement related offense o Violation of antitrust laws o Serious breach of contract or subcontract Focus on present responsibility
29 Mitigating Factors Standards of conduct and internal control systems o In place at time of activity o Adopted prior to Government investigation Prompt notice to Government of activity Full investigation disclosed to Government Full cooperation with Government Pay criminal, civil and administrative liability o Including Government s investigative or administrative costs Implement remedial measures Institute new review and control procedures and ethics training programs
30 Developing a Compliance Program Benefits of a compliance program: o Help avoid violations o Create awareness o Mitigate severity of penalties o Contractual requirement Components to include: o Code of ethics o Corporate policies and procedures o Compliance officer o Company hotline o Audits and investigations o Education and training
31 Developing a Compliance Program (cont.) Code of Conduct and Mandatory Disclosure , Contractor Code of Business Ethics and Conduct Contracts >$5M + >120 days Contractor must: o Have written code of conduct o Provide copies to employees o Perform due diligence to prevent/detect criminal conduct o Promote culture of ethical conduct Timely disclosure to Government: o Violation of Federal criminal law regarding fraud o Violation of the civil False Claims Act o Substantial overpayments
32 Developing a Compliance Program (cont.) Having necessary systems in place is key to preventing penalties and continuing to work for the Government DFARS Business System Rules (May 2011) o Only applies to CAS covered contractors o Only applies if the following clause(s) are included in the contract: , Cost Estimating System Requirements , Earned Value Management System , Material Management and Accounting System , Accounting System Administration , Contractor Purchasing System Administration , Contractor Property Management System Administration
33 Developing a Compliance Program (cont.) Policies and Procedures It is critical that organizations have policies and procedures that address: o Compliance with Government contract special terms o Systems requirements for Government contracting o Controls over cost and pricing data provided (TINA) o Claims preparation (False Claims Act)
34 Wrap Up You face several Government contracting risks. Your compliance with Government contracting rules provides opportunity to succeed and sleep at night. We encourage you to assess the exposures you face and build the process and controls needed to succeed.
35 Thank you for joining us today! Curtis Matthews (503) James Bradshaw (503) The material appearing in this presentation is for informational purposes only and is not legal or accounting advice. Communication of this information is not intended to create, and receipt does not constitute, a legal relationship, including, but not limited to, an accountant client relationship. Although these materials may have been prepared by professionals, they should not be used as a substitute for professional services. If legal, accounting, or other professional advice is required, the services of a professional should be sought.
Federal Contracts Compliance: Understanding The Basic Rules. Craig Holman Christopher Yukins Steve Charles
Federal Contracts Compliance: Understanding The Basic Rules Craig Holman Christopher Yukins Steve Charles Agenda Introductions Compliance system basics Why compliance Components of effective compliance
More informationStandards of. Conduct. Important Phone Number for Reporting Violations
Standards of Conduct It is the policy of Security Health Plan that all its business be conducted honestly, ethically, and with integrity. Security Health Plan s relationships with members, hospitals, clinics,
More informationAnti-Bribery and Corruption Policy
Newcrest strictly prohibits bribery and other unlawful or improper payments made to any individual or entity, as outlined in this Anti-Bribery & Corruption Policy. Newcrest's Anti- Bribery & Corruption
More informationUSC Office of Compliance
PURPOSE This policy complies with requirements under the Deficit Reduction Act of 2005 and other federal and state fraud and abuse laws. It provides guidance on activities that could result in incidents
More informationNewYork-Presbyterian Hospital Sites: All Centers Hospital Policy and Procedure Manual Number: D160 Page 1 of 9
Page 1 of 9 TITLE: FEDERAL DEFICIT REDUCTION ACT OF 2005 FRAUD AND ABUSE PROVISIONS POLICY: NewYork- Presbyterian Hospital (NYP or the Hospital) is committed to preventing and detecting any fraud, waste,
More informationFEDERAL LAWS RELATING TO FRAUD, WASTE AND ABUSE
FEDERAL LAWS RELATING TO FRAUD, WASTE AND ABUSE FEDERAL CIVIL FALSE CLAIMS ACT The federal civil False Claims Act, 31 U.S.C. 3729, et seq., ( FCA ) was originally enacted in 1863 to combat fraud perpetrated
More informationVNSNY CORPORATE. DRA Policy
VNSNY CORPORATE DRA Policy TITLE: FEDERAL DEFICIT REDUCTION ACT OF 2005: POLICY REGARDING THE DETECTION & PREVENTION OF FRAUD, WASTE AND ABUSE AND APPLICABLE FEDERAL AND STATE LAWS APPLIES TO: VNSNY ENTITIES
More informationFalse Claims Act CMP212
False Claims Act CMP212 Colorado Access is committed to a culture of compliance in which its employees, providers, contractors, and consultants are educated and knowledgeable about their role in reporting
More informationBehavioral Healthcare, Inc. 155 Inverness Drive West Suite 201 Englewood, CO 80112
1 of 6 I. Policy: It is the policy of Behavioral Healthcare, Inc. (BHI) that all employees (including management, consultants, contractors, and other agents) shall comply with all applicable Federal and
More information5037 Employee Education About False Claims Recovery 5037. The purpose of this policy is to educate employees, contractors, and agents on
5037 Employee Education About False Claims Recovery 5037 The purpose of this policy is to educate employees, contractors, and agents on the requirements of the Deficit Reduction Act (DRA) of 2005 which
More informationAcquiring a Federal Government Contractor: Avoiding Pitfalls
Acquiring a Federal Government Contractor: Avoiding Pitfalls Erin L. Toomey, Foley & Lardner LLP, with Practical Law Commercial This Practice Note highlights common pitfalls to avoid in an acquisition
More informationCPCA California Primary Care Association
CPCA California Primary Care Association Managing the Compliance Risk of Fraud, Abuse and the False Claims Act CPCA CFO Conference Larry Garcia Kenneth Julian April 30, 2010 Background The Patient Protection
More informationFederal Government Ethics Compliance Training. Federal Acquisition Regulation
Federal Government Ethics Compliance Training Federal Acquisition Regulation Presentation Overview Historical overview of Federal Acquisition Regulation Compliance and requirements Code of Ethics Ethical
More informationFALSE CLAIMS ACT STATUTORY LANGUAGE
33 U.S.C. 3729-33 FALSE CLAIMS ACT STATUTORY LANGUAGE 31 U.S.C. 3729. False claims (a) LIABILITY FOR CERTAIN ACTS. (1) IN GENERAL. Subject to paragraph (2), any person who (A) knowingly presents, or causes
More informationNewport Subacute Healthcare Center
Title: False Claims Act Policy Manual: Administrative Policy Manual Category: Business function Approval Signatures: Newport Subacute Healthcare Center Document #: Original Issue: 02/01/2006 Revision Date:
More informationFraud, Waste and Abuse Prevention and Education Policy
Corporate Compliance Fraud, Waste and Abuse Prevention and Education Policy The Compliance Program at the Cortland Regional Medical Center (CRMC) demonstrates our commitment to uphold all federal and state
More informationCODE OF ETHICS POLICY
CODE OF ETHICS POLICY The YMCA's reputation is dependent upon the good judgment, ethical standards and personal integrity of every individual in the YMCA. As the YMCA continues to grow, it is of paramount
More informationAN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To amend the District of Columbia Procurement Practices Act of 1985 to make the District s false claims act consistent with federal law and thereby qualify
More informationSCAN Health Plan Policy and Procedure Number: CRP-0067, False Claims Act & Deficit Reduction Act 2005
Health Plan Policy and Procedure Number: CRP-0067, False Claims Act & Deficit Reduction Act 2005 Approver Approval Stage Date Chris Zorn Approval Event (Authoring) 12/09/2013 Nancy Monk Approval Event
More informationReports of Compliance Concerns and Violations
The University of Chicago Medical Center Compliance Manual (UCHHS;BSD;UCPP) Reports of Compliance Concerns and Violations Issued: November 1, 1999 Reports of Compliance Concerns and Violations Revised:
More informationANTI BRIBERY AND FOREIGN CORRUPT PRACTICES ACT COMPLIANCE POLICY
ANTI BRIBERY AND FOREIGN CORRUPT PRACTICES ACT COMPLIANCE POLICY THIS POLICY DOES NOT CREATE A CONTRACT OF EMPLOYMENT OR ALTER THE AT WILL NATURE OF ANY EMPLOYEE S EMPLOYMENT IN ANY WAY. 1. Statement of
More informationBLESSING CORPORATE SERVICES QUINCY, ILLINOIS
BLESSING CORPORATE SERVICES QUINCY, ILLINOIS Policy No. BCSCGR.015 Policy Title: Section/Function: 2: Compliance & Government Regulations Administrative Responsibility: VP, Corporate Compliance & Organizational
More informationDeficit Reduction Act of 2005 6032 Employee Education About False Claims Recovery
DMH S&P No. 1 Revision No. N/A Effective Date: 01/01/07 COMPLIANCE STANDARD: Deficit Reduction Act of 2005 6032 Employee Education About False Claims Recovery BACKGROUND AND PURPOSE As stated in its Directive
More informationRepresenting Whistleblowers Nationwide
Minnesota False Claims Act Minnesota Stat. 15C.01 to 15C.16) 15C.01 DEFINITIONS Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them. Subd. 2. Claim.
More informationWestlake Convalescent Hospital
Title: False Claims Act Policy Manual: Administrative Policy Manual Category: Business function Approval Signatures: Westlake Convalescent Hospital Document #: Original Issue: 02/01/2006 Revision Date:
More informationNOYES HEALTH ADMINISTRATION POLICY/PROCEDURE
NOYES HEALTH ADMINISTRATION POLICY/PROCEDURE SUBJECT: DETECTION AND PREVENTION OF POLICY: 200.161 FRAUD, WASTE, AND ABUSE EFFECTIVE DATE: June, 2012 ISSUED BY: Administration TJC REF: None PAGE: 1 OF 5
More informationMINNESOTA FALSE CLAIMS ACT. Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them.
As amended by Chapter 16 of the 2013 Minnesota Session Laws. 15C.01 DEFINITIONS MINNESOTA FALSE CLAIMS ACT Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings
More informationSummary: The Organization directs its activities in full compliance with Federal, State and Local laws and regulations.
Sunrise Community, Inc. and Affiliates, the Organization, shall comply with Section 6032 of the Deficit Reduction Act of 2005. The Whistleblower Protection Policy is designed to encourage and enable directors,
More informationEDUCATION ABOUT FALSE CLAIMS RECOVERY
Type: MGI Corporate Policy Number: M 700 Effective Date: June 2014 Supersedes: AP 201, 4/12 Revised: 6/14 EDUCATION ABOUT FALSE CLAIMS RECOVERY I. PURPOSE This policy is intended to ensure compliance with
More informationCARDINAL RESOURCES LLC INTRODUCTION
CARDINAL RESOURCES LLC ANTI- BRIBERY AND ANTI- CORRUPTION POLICY INTRODUCTION The purpose of this Anti- bribery and Anti- corruption Policy (the "Policy") is to ensure compliance by the Red Bird Group
More informationLAUREATE ANTI-CORRUPTION POLICY
LAUREATE ANTI-CORRUPTION POLICY Laureate Anti-Corruption Policy 1.0 PURPOSE AND BACKGROUND This Anti-Corruption Policy establishes basic standards and a framework for the prevention and detection of bribery
More informationUPDATED. OIG Guidelines for Evaluating State False Claims Acts
UPDATED OIG Guidelines for Evaluating State False Claims Acts Note: These guidelines are effective March 15, 2013, and replace the guidelines effective on August 21, 2006, found at 71 FR 48552. UPDATED
More informationPrevention of Fraud, Waste and Abuse
Procedure 1910 Responsible Office: Yale Medical Group Effective Date: 01/01/2007 Responsible Department: Administration Last Revision Date: 09/20/2013 Prevention of Fraud, Waste and Abuse Policy Statement...
More informationVILLAGECARE CORPORATE COMPLIANCE POLICY AND PROCEDURE MANUAL ORIGINAL EFFECTIVE DATE: JANUARY 1, 2007
VILLAGECARE CORPORATE COMPLIANCE POLICY AND PROCEDURE MANUAL SUBJECT: COMPLIANCE WITH FEDERAL AND STATE FALSE CLAIMS LAWS AND DETECTION AND PREVENTION OF FRAUD, WASTE AND ABUSE LAST POLICY REVISION EFFECTIVE
More informationVIDANT HEALTH POLICY & PROCEDURE. PREPARED BY: Office of Audit & Compliance REVISED: 11/09, 2/12 REVIEWED: 2/07, 2/08, 2/09, 3/10, 2/11
NUMBER: VH-AC 16 Page 1 of 9 EFFECTIVE: 01/2007 REVIEWED: 2/07, 2/08, 2/09, 3/10, 2/11 CEO APPROVAL: Topic: To Prevent and Detect Fraud and Abuse and Information regarding the Federal False Claims Act
More informationLANTHEUS HOLDINGS, INC. Foreign Corrupt Practices Act and Anti-Bribery Compliance Policy
LANTHEUS HOLDINGS, INC. Foreign Corrupt Practices Act and Anti-Bribery Compliance Policy 1. Introduction. Applicability. This Foreign Corrupt Practices Act and Anti-Bribery Compliance Policy (this Policy
More informationThis policy applies to UNTHSC employees, volunteers, contractors and agents.
Policies of the University of North Texas Health Science Center 3.102 Detecting and Responding to Fraud, Waste and Abuse Chapter 3 Compliance Policy Statement UNTHSC developed and implemented a Compliance
More informationNorth Shore LIJ Health System, Inc.
North Shore LIJ Health System, Inc. POLICY TITLE: Detecting and Preventing Fraud, Waste, Abuse and Misconduct POLICY #: 800.09 System Approval Date: 6/23/14 Site Implementation Date: Prepared by: Office
More informationI. Policy Purpose. II. Policy Statement. III. Policy Definitions: RESPONSIBILITY:
POLICY NAME: POLICY SPONSOR: FRAUD, WASTE AND ABUSE COMPLIANCE OFFICER RESPONSIBILITY: EFFECTIVE DATE: REVIEW/ REVISED DATE: I. Policy Purpose The purpose of this policy is to outline the requirements
More informationMinnesota False Claims Act
Minnesota False Claims Act (Minn. Stat. 15C.01 to.16) i 15C.01 DEFINITIONS Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them. Subd. 2. Claim.
More informationPolicy and Procedure: Corporate Compliance Topic: False Claims Act and Whistleblower Provisions, Deficit Reduction Act
Policy and Procedure: Corporate Compliance Topic: False Claims Act and Whistleblower Provisions, Deficit Reduction Act SCOPE OF POLICY This policy applies to all CFS employees, including trainees, volunteers,
More informationFalse Claims and Whistleblower Protections All employees, volunteers, students, physicians, vendors and contractors
Policy and Procedure Title: Applies to: False Claims and Whistleblower Protections All employees, volunteers, students, physicians, vendors and contractors Number: First Created: 1/07 SY-CO-019 Issuing
More informationOffice of Government Ethics Guidance Ethics and Procurement Integrity
EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 OFFICE OF FEDERAL PROCUREMENT POLICY October 3, 2007 MEMORANDUM FOR CHIEF ACQUISITION OFFICERS SENIOR PROCUREMENT
More informationCompliance Plan False Claims Act & Whistleblower Provisions Purpose/Policy/Procedures
CATHOLIC CHARITIES OF THE ROMAN CATHOLIC DIOCESE OF SYRACUSE, NY and TOOMEY RESIDENTIAL AND COMMUNITY SERVICES Compliance Plan False Claims Act & Whistleblower Provisions Purpose/Policy/Procedures Purpose:
More informationFederal False Claims Act (31 USC 3729 through 3733)
I. INTRODUCTION The False Claims Act (FCA) is a federal law that was created to discourage and punish profiteers from providing sub-standard supplies to the Union Army during the Civil War. The FCA was
More informationFalse Claims Laws: What Every Public Contract Manager Needs to Know By Aaron P. Silberman 1
False Claims Laws: What Every Public Contract Manager Needs to Know By Aaron P. Silberman 1 When Do False Claims Laws Apply? The federal False Claims Act (FCA) applies to any requests for payment from
More informationCoffee Regional Medical Center FALSE CLAIMS EDUCATION
Policy/Procedure Department Administration Effective 08/15/2008 Scope Organization Cross Reference Review Date 08/14/2008,12/18/2013 Revision History Signatures Date 12/18/2013 Prepared by Lavonda Cravey
More informationSTATEMENT FROM THE CHAIRMAN
STATEMENT FROM THE CHAIRMAN In an ever-changing global marketplace, it is important for all of us to have an understanding of the responsibilities each of have in carrying out day-to-day business decisions
More informationNORTHCARE NETWORK. POLICY TITLE: Deficit Reduction Act (DRA) EFFECTIVE DATE: 1/1/15 REVIEW DATE: New Policy
NORTHCARE NETWORK POLICY TITLE: Deficit Reduction Act (DRA) EFFECTIVE DATE: 1/1/15 REVIEW DATE: New Policy RESPONSIBLE PARTY: Chief Executive Officer/Compliance Officer CATEGORY: Compliance BOARD APPROVAL
More informationSOUTH NASSAU COMMUNITIES HOSPITAL One Healthy Way, Oceanside, NY 11572
SOUTH NASSAU COMMUNITIES HOSPITAL One Healthy Way, Oceanside, NY 11572 POLICY TITLE: Compliance with Applicable Federal and State False Claims Acts POLICY NUMBER: OF-ADM-232 DEPARTMENT: Hospital-wide CROSS-REFERENCE:
More informationFEDERAL AND STATE FALSE CLAIMS ACT, ADMINISTRATIVE PENALTIES AND WHISTLEBLOWER PROTECTION LAWS:
Corporate Compliance Fraud, Waste, Abuse and Whistleblower Education The Compliance Program at Cortland Regional Medical Center (CRMC) demonstrates our commitment to uphold all federal and state laws and
More informationWritten: 1/09/07 Federal and State Reviewed: 3/15/12 False Claims Act Revised: 06/13/12 Page: 1 of 5
Policy and Procedure Manual ADMINISTRATIVE SECTION --- III PATIENT RIGHTS & ORGANIZATIONAL ETHICS COMPLIANCE DEPARTMENT - COMPLIANCE Written: 1/09/07 Federal and State Reviewed: 3/15/12 False Claims Act
More informationFalse Claims / Federal Deficit Reduction Act Notice Help Stop Healthcare Fraud, Waste and Abuse: Report to the Firelands Corporate Compliance Officer
1111 Hayes Avenue Sandusky, OH 44870 www.firelands.com False Claims / Federal Deficit Reduction Act Notice Help Stop Healthcare Fraud, Waste and Abuse: Report to the Firelands Corporate Compliance Officer
More informationENFORCEMENT INITIATIVES RELATING TO FEDERAL RESEARCH GRANTS
American Health Lawyers Association Legal Issues Affecting Academic Medical Centers and Other Teaching Institutions ENFORCEMENT INITIATIVES RELATING TO FEDERAL RESEARCH GRANTS Paul W. Shaw K&L Gates LLP
More informationCHAMPAIGN COUNTY NURSING HOME SUMMARY OF ANTI-FRAUD AND ABUSE POLICIES
1. PURPOSE CHAMPAIGN COUNTY NURSING HOME SUMMARY OF ANTI-FRAUD AND ABUSE POLICIES Champaign County Nursing Home ( CCNH ) has established anti-fraud and abuse policies to prevent fraud, waste, and abuse
More informationADMINISTRATIVE POLICY SECTION: CORPORATE COMPLIANCE Revised Date: 2/26/15 TITLE: FALSE CLAIMS ACT & WHISTLEBLOWER PROVISIONS
Corporate Compliance Plan AD-819-0 Reporting of Compliance Concerns & Non-retaliation AD-807-0 Compliance Training Policy CFC ADMINISTRATIVE POLICY AD-819-1 SECTION: CORPORATE COMPLIANCE Revised Date:
More informationMETHODIST HEALTH SYSTEM ADMINISTRATIVE TITLE: DETECTING FRAUD AND ABUSE AND AN OVERVIEW OF THE FEDERAL AND STATE FALSE CLAIMS ACTS
METHODIST HEALTH SYSTEM ADMINISTRATIVE Formulated: 6/19/07 Reviewed: Revised: Effective: 10/30/07 TITLE: DETECTING FRAUD AND ABUSE AND AN OVERVIEW OF THE FEDERAL AND STATE FALSE CLAIMS ACTS PURPOSE: Methodist
More informationMental Health Resources, Inc. Mental Health Resources, Inc. Corporate Compliance Plan Corporate Compliance Plan
Mental Health Resources, Inc. Mental Health Resources, Inc. Corporate Compliance Plan Corporate Compliance Plan Adopted: January 2, 2007 Revised by Board of Directors on September 4, 2007 Revised and Amended
More informationTitle: Preventing and Reporting Fraud, Waste and Abuse in Federal Health Care Programs. Area Manual: Corporate Compliance Page: Page 1 of 10
Title: Preventing and Reporting Fraud, Waste and Abuse in Federal Health Care Programs Area Manual: Corporate Compliance Page: Page 1 of 10 Reference Number: I-70 Effective Date: 10/02 Contact Person:
More informationWhistling While You Work: Dangers of a Qui Tam Lawsuit and How to Avoid Them
Whistling While You Work: Dangers of a Qui Tam Lawsuit and How to Avoid Them Presented By: John T. Brennan, Jr. David W. O Brien Michael W. Paddock The False Claims Act Primary government weapon in combating
More informationCORPORATE COMPLIANCE POLICY AND PROCEDURE
Title: Fraud Waste and Abuse Laws in Health Care Policy # 1011 Sponsor: Corporate Compliance Approved by: Carleen Dunne, Director, Corporate Compliance and Privacy Officer Issued: Page: 1 of 7 June 25,
More informationTo: All Vendors, Agents and Contractors of Hutchinson Regional Medical Center
To: All Vendors, Agents and Contractors of Hutchinson Regional Medical Center From: Corporate Compliance Department Re: Deficit Reduction Act of 2005 Dear Vendor/Agent/Contractor: Under the Deficit Reduction
More informationAlliance for Better Health Care, LLC
Alliance for Better Health Care, LLC ORGANIZATIONAL POLICY FALSE CLAIMS ACT AND WHISTLEBLOWER PROVISIONS Page 1 of 5 EFFECTIVE DATE: NUMBER: March 2015 ORIGINATOR: Corporate Compliance Officer CONCURRENCE:
More informationCompliance with False Claims Act
MH Policy and Procedure Document Number: MH-COMPLY-001 Document Owner: Corporate Compliance Officer Date Last Author: Corporate Compliance Officer General Description Purpose: To establish written guidelines
More informationPOLICY ON THE FALSE CLAIMS ACTS
EAST ORANGE GENERAL HOSPITAL COMPLIANCE POLICY Title: Policy on The False Claims Acts Code No.: Section: Corporate Compliance Effective Date: March 1, 2015 Approved by: Compliance Officer Publication Status:
More informationPlatform Specialty Products Corporation Foreign Corrupt Practices Act/Anti-Corruption Policy
1. Introduction. Platform Specialty Products Corporation Foreign Corrupt Practices Act/Anti-Corruption Policy 1.1 Combating Corruption. Platform Specialty Products Corporation, including its subsidiaries,
More informationCorporate Compliance Policy Concerning the False Claims Acts, Anti- Retaliation Protections, and Detecting and Responding to Fraud
PAGE NUMBER: 1 of 16 ACCOUNTABILITY: President and Chief Executive Officer OBJECTIVES: RELATION TO MISSION: Our Lady of Lourdes Health Care Services, Inc. ( OLLHCS, Inc. ), a Catholic health system and
More informationCardinal McCloskey Services Corporate Compliance False Claims Act and Whistleblower Provisions
Cardinal McCloskey Services Corporate Compliance False Claims Act and Whistleblower Provisions Purpose: Cardinal McCloskey Services is committed to prompt, complete and accurate billing of all services
More informationMetropolitan Jewish Health System and its Participating Agencies and Programs [MJHS]
Metropolitan Jewish Health System and its Participating Agencies and Programs [MJHS] POLICY PURSUANT TO THE FEDERAL DEFICIT REDUCTION ACT OF 2005: Detection and Prevention of Fraud, Waste, and Abuse and
More informationEthics and Compliance Training
www.pwc.com Ethics and Compliance Training Keep Up Your Dukes - Benchmarking and Maintaining Your System April 1, 2014 Ethics and Compliance Keep Up Your Dukes - Benchmarking and Maintaining Your System
More informationCORPORATE COMPLIANCE POLICY AND PROCEDURE
Title: Fraud Waste and Abuse Laws in Health Care Policy # 1011 Sponsor: Corporate Approved by: Carleen Dunne, Director, Corporate and Privacy Officer Issued: Page: 1 of 7 June 25, 2007 Last Reviewed/Updated
More informationPage 1 of 7. Corporate Form CC009 Rev 13, Dated 31 Jan 2015
1. When the materials or products furnished are for use in connection with a U.S. Government contract or subcontract, in addition to the L-3 General Terms and Conditions (Corp Form CC008), the following
More informationPOLICY ON FRAUD, WASTE AND ABUSE IN FEDERAL HEALTH CARE PROGRAMS
43 New Scotland Avenue (MC-12) Albany, NY 12208 POLICY ON FRAUD, WASTE AND ABUSE IN FEDERAL HEALTH CARE PROGRAMS EFFECTIVE JANUARY 1, 2007, APPROVED NOVEMBER 14, 2006 LATEST REVISION DATE: MARCH 4, 2015
More informationDCAA Audits of Compliance Systems and the Implications of Changes in the False Claims Act for Universities
DCAA Audits of Compliance Systems and the Implications of Changes in the False Claims Act for Universities SCCE s Higher Education Compliance Conference Kwamina Thomas Williford Partner, Holland & Knight
More informationMATTHEWS INTERNATIONAL CORPORATION
MATTHEWS INTERNATIONAL CORPORATION U.S. FOREIGN CORRUPT PRACTICES ACT COMPLIANCE POLICY INTRODUCTION Principles Underlying the United States Foreign Corrupt Practices Act ( FCPA ). The FCPA s Anti-Bribery
More informationADMINISTRATIVE POLICY MANUAL
SUPERSEDES: New PAGE: 838.00 POLICY: 1. It is the policy of Onondaga County hereinafter referred to as the County, to comply with all applicable federal, state and local laws and regulations, both civil
More informationPolicies and Procedures SECTION:
PAGE 1 OF 5 I. PURPOSE The purpose of this Policy is to fulfill the requirements of Section 6032 of the Deficit Reduction Act of 2005 by providing to Creighton University employees and employees of contractors
More informationMEMORANDUM. 2. Public Health Solutions responds to questions and reports of fraud, waste, and abuse quickly.
MEMORANDUM To: Public Health Solutions staff providing Medicaid reimbursable services From: Jane Levine, Vice-President/General Counsel Re: Preventing Medicaid Fraud Summary of Public Health Solutions
More informationEADS-NA Code of Ethics
Page: 1 of 7 EADS-NA Code of Ethics Introduction The Company demands high ethical standards of conduct from its directors, employees, and agents and will conduct its business with honesty, integrity, and
More informationCGI Federal Ethics and Compliance Program
CGI Federal Ethics and Compliance Program CGI Federal is committed to maintaining the highest standard of ethical conduct and compliance with all applicable federal, state and local laws, and rules and
More informationCOUNTY OF ORANGE. False Claims Act and Whistleblower Provisions Policy and Procedures
COUNTY OF ORANGE False Claims Act and Whistleblower Provisions Policy and Procedures COUNTY OF ORANGE FALSE CLAIMS ACT AND WHISTLEBLOWER PROVISIONS POLICY AND PROCEDURES I. Purpose. The County of Orange
More informationFraud Waste and Abuse Training First Tier, Downstream and Related Entities. ONECare by Care1st Health Plan Arizona, Inc. (HMO) Revised: 10/2009
Fraud Waste and Abuse Training First Tier, Downstream and Related Entities ONECare by Care1st Health Plan Arizona, Inc. (HMO) Revised: 10/2009 Overview Purpose Care1st/ ONECare Compliance Program Definitions
More informationCalifornia PUBLIC CONTRACT LAW
California PUBLIC CONTRACT LAW Book at a Glance CHAPTER 1 Basic Principles of Contract and Civil Law............. page 1 CHAPTER 2 Special Requirements Applicable to Public Contracts......... page 23 CHAPTER
More informationHow To Get A Medical Bill Of Health From A Member Of A Health Care Provider
Neighborhood requires compliance with all laws applicable to the organization s business, including insistence on compliance with all applicable federal and state laws dealing with false claims and false
More informationDeficit Reduction Act Information for Employees, Contractors and Agents
Nationally Ranked. Locally Trusted. Denver Health Deficit Reduction Act Information for Employees, Contractors and Agents EFFECTIVE DATE: DECEMBER 31, 2006 PAGE 1 OF 5 Purpose: Provide a written policy
More information0 HealthAlliance. of the ~udsoti vallevtm J / YOUR PARTNERS IN HEALTH
0 HealthAlliance of the ~udsoti vallevtm J / YOUR PARTNERS IN HEALTH Policy: Compliance with Applicable Federal and State False Claims Acts Initiated: January 1,2010 Reviewed: Revised: Reference: Responsible
More informationa. employees Company; or
Code of Busines ss Conduct and Ethics 1. Introduction a. This Code of Business Conduct and Ethics (the Code ) applies to all directors, officers, employees and third parties employed or directly engaged
More informationHERITAGE FARM POLICY AND PROCEDURES. Policy: False Claims Act and Whistleblower Provisions
HERITAGE FARM POLICY AND PROCEDURES Policy: False Claims Act and Whistleblower Provisions Date: October 8, 2013 Rationale: It is Heritage Farm s intent to make sure all claims are submitted in a timely
More informationSEMGROUP CORPORATION. Anti-Corruption Compliance Policy August, 2011
SEMGROUP CORPORATION Anti-Corruption Compliance Policy August, 2011 SCOPE This is a global policy (the Policy ) applicable to the worldwide operations of SemGroup Corporation ("SemGroup") and all of its
More informationMINNESOTA FALSE CLAIMS ACT
. MINNESOTA FALSE CLAIMS ACT Sec. 24. [15C.01] DEFINITIONS. Subdivision 1. Scope. For purposes of this chapter, the terms in this section have the meanings given them. Subd. 2. Claim. "Claim" includes
More information10/30/2015. Procurement Under the New Requirements. Why This Session Is Needed. Lesson Overview & Module Objectives. Changes to conflict of interest
Requirements Procurement under the New Requirements 1 1 Why This Session Is Needed New provisions in Uniform Guidance Changes to conflict of interest requirements in Uniform Guidance Distinctions between
More informationRobert A. Wade, Esq. Krieg DeVault LLP 4101 Edison Lakes Parkway, Ste. 100 Mishawaka, IN 46545 Phone: 574-485-2002 KD_4901979
False Claims Act Update Robert A. Wade, Esq. Krieg DeVault LLP 4101 Edison Lakes Parkway, Ste. 100 Mishawaka, IN 46545 Phone: 574-485-2002 Email: bwade@kdlegal.com KD_4901979 1 The FCA is the Fraud Enforcement
More informationHold On A Minute: Gift Giving to Government Officials
Hold On A Minute: Gift Giving to Government Officials James P. Gallatin Jr. and Lorraine M. Campos As the authors point out, government contractors should carefully consider applicable rules before they
More informationC O N F I D E N T I A L A N D P R O P R I E T A R Y. Page 1 of 7 Title: FRAUD, WASTE, AND ABUSE POLICY
Page 1 of 7 1. Purpose As a Company that does business with U.S. state and federal government health care programs (such as Medicare and Medicaid), Hill-Rom is required to maintain a system of policies
More informationCODE OF CONDUCT. Providers, Suppliers and Contractors
CODE OF CONDUCT Providers, Suppliers and Contractors Table of Contents Code of Conduct... Honesty and integrity... Quality and Service... Responsibilities of Providers, Suppliers and Contractors... Compliance
More informationCALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656
CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 12650. (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) "Claim" includes any
More informationSupplement 1 Federal Acquisition Regulation (FAR) Government Contract Provisions
General Terms and Conditions of Purchase Supplement 1 Federal Acquisition Regulation (FAR) Government Contract Provisions 1. When the products or services furnished are for use in connection with a U.S.
More informationIFA s 45 th Annual LEGAL SYMPOSIUM
LEGAL SYMPOSIUM The Foreign Corrupt Practices Act: What Every International Franchisor Must Know Moderator: Speakers: Eric L. Yaffe Gray Plant Mooty Washington, DC Mary C. Spearing Baker Botts L.L.P. Washington,
More informationCENTER FOR INSTRUCTION TECHNOLOGY AND INNOVATION (CiTi) MEDICAID BILLING COMPLIANCE PROGRAM
CENTER FOR INSTRUCTION TECHNOLOGY AND INNOVATION (CiTi) MEDICAID BILLING COMPLIANCE PROGRAM INTRODUCTION This Program is an integral part of the CiTi s ongoing efforts to achieve compliance with federal
More informationFRAUD, WASTE & ABUSE. Training for First Tier, Downstream and Related Entities. Slide 1 of 24
FRAUD, WASTE & ABUSE Training for First Tier, Downstream and Related Entities Slide 1 of 24 Purpose of this Program On December 5, 2007, the Centers for Medicare and Medicaid Services ( CMS ) published
More information