"Compliance" is the watchword for government contractors, health care practitioners, and virtually every company that provides goods or services that are paid for or reimbursed with federal funds or is subject to oversight by a federal or state agency. Growing out of years of highly restrictive and closely-monitored, government imposed corporate integrity agreements and plans of correction, corporations are now turning to voluntary, self-initiated corporate compliance programs. The benefits of such programs are many and far-ranging:
- the documentation and analysis which accompanies such programs ensures that employees know what the applicable regulations require and that they are aware of the personal and corporate cost of non-compliance;
- the auditing component of such a program permits an in-depth analysis of the company's historical performance and affords an opportunity to correct and improve corporate policies to enhance compliance with federal and state regulations;
- the reporting and investigation procedures of such a program ensure that if an instance of wrongdoing or non-compliance is occurring or has occurred in any corner of the company (for example, due to the actions of a dishonest employee or a misunderstanding of the applicable regulations), corporate officials hear about it promptly and can put a stop to it;
- the existence of a properly-structured corporate compliance program places a government contractor or health care provider in the best possible light in the event a government agency conducts an audit or investigation, and may thwart costly qui tam actions.
Attorneys at Dwyer & Collora, LLP bring a wealth of knowledge and experience to corporations that are interested in developing effective compliance programs. Drawing from their experience as former prosecutors, as well as their experience defending corporations against allegations of non-compliance with the morass of federal and state laws that regulate government contractors and health care providers, Dwyer & Collora, LLP's attorneys have developed compliance programs for a variety of clients. Lawyers are available to counsel corporate officers as to the benefits of a corporate compliance program, to develop a strategy to create the appropriate structure and documentation to support an effective compliance program, to perform baseline and periodic audits and/or work with outside auditors, and to provide initial and periodic training for corporate officers, employees and agents. Following is an overview of Dwyer & Collora, LLP's expertise in this area:
Plans of Correction
Health Care Providers
Government Contractors
Plans of Correction
Government audits or investigations can be an eye-opening experience for the corporate principal who was previously unaware of deficiencies in the company's procedures or of the government's strict interpretation and stringent enforcement of regulations. In the course of representing clients in audits or investigations, Dwyer & Collora, LLP's attorneys have frequently counseled clients about implementation of procedures and policies and training of employees in order to avoid similar problems in the future. Often, the firm has finalized documents and presented these improved policies to the investigating agency in the form of a plan of corrections, thereby averting harsher penalties.
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Health Care Providers
Attorneys in Dwyer & Collora, LLP's health care practice group have provided compliance services to a broad spectrum of health care providers. Such services include day-to-day advice on specific billing and reimbursement issues, analysis of the impact and requirements of proposed or newly-enacted statutes or regulations, assistance in obtaining guidance from oversight agencies, preparation of practice management plans designed to enhance compliance, and preparation of comprehensive corporate compliance programs that meet or exceed government industry guidelines for such programs.
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Government Contractors
Dwyer & Collora, LLP's attorneys are well-versed in the federal and state laws applicable to contractors who work on federally-funded projects, including conflict of interest laws, kickback issues, and industry-specific standards. Drawing on this expertise, the firm's attorneys helped develop a comprehensive corporate compliance program for a multi-million dollar company. The development of this program was taken into consideration by the U.S. Department of Transportation and the U.S. Attorney's Office, which concluded their investigations without issuing any criminal charges or orders of debarment from public contracting.
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