Special Tip: Be Sure You Include DOJ
April 1, 1998 2 minutes read
Special Tip: Be Sure You Include DOJ
If you want to stay out of jail, be sure you don't overlook the Department of Justice when working with the federal government to resolve any wrongdoing at your institution. Though the Department of Health and Human Services' Office of the Inspector General (OIG) will be your facility's main contact when reporting the problem and negotiating penalties, the Justice Department also needs to be included in any talks from the beginning, says Karen Duke, JD, vice president for legal services with Promina in Atlanta.
"They are the only ones who can decide whether to prosecute you criminally," Duke says. "It's easy to focus on the OIG because they're determining your penalty, and you're practically guaranteed of getting a penalty. But don't forget that the Justice Department can lock you up, too."
Any decision about criminal action may not be made until after you are far along in your negotiations with the OIG, but Duke says it's to your benefit to keep the Justice Department informed and involved in the discussions as much as possible. It could help by showing your good faith effort at discovering and resolving the problem, and it will at least help you avoid nasty surprises.
"People can go way down the road dealing with the OIG and thinking they've got everything worked out, only to find out that the Department of Justice is interested also," Duke says. "You can think everything is OK with the OIG and then find out that the Department of Justice is considering criminal charges against you."
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