Compliance Plan Reference Material
January 2010 Presentation on Compliance Plans
The Roll of the Board of Directors
CORPORATE RESPONSIBILITY AND CORPORATE COMPLIANCE:
A Resource for Health Care Boards of Directors PUBLISHED BY THE OFFICE OF INSPECTOR GENERAL OF THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE AMERICAN HEALTH LAWYERS ASSOCIATION
"..........duty of care involves determining whether the directors acted (1) in "good faith," (2) with that level of care that an ordinarily prudent person would exercise in like circumstances, and (3) in a manner that they reasonably believe is in the best interest of the corporation."
"....directors must be aware of what is going on about them in the corporate business and must in appropriate circumstances make such reasonable inquiry, as would an ordinarily prudent person under similar circumstances."
"Director obligations with respect to the duty of care arise in two distinct contexts:
• The decision-making function: The application of duty of care principles to a specific decision or a particular board action; and
• The oversight function: The application of duty of care principles with respect to the general activity of the board in overseeing the day-to-day business operations of the corporation; i.e., the exercise of reasonable care to assure that corporate executives carry out their management responsibilities and comply with the law."
HHS OIG Compliance Q & A at Health Care Compliance Association Annual Conference April 2010
Jim Sheehan Interview with Health Care Compliance Association
CMS Directive - All Medicaid providers must do monthly check of employees and contractors.
"States should require providers to search the HHS-OIG website monthly to capture
exclusions and reinstatements that have occurred since the last search.""State data files should capture these important data elements so that an automated comparison of exclusions against a provider file that includes the names of individuals with ownership or control interests in provider entities can be accomplished easily during regular monthly searches and at any time providers submit new disclosure information to the State."
NYS List of School over$400,000 - caution this can only include a school in the need for a compliance plan. If your district is not listed you are not necessarily excluded from the requirement.