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DOJ Memos Outlining Use of Guidance Documents in Enforcement Actions

By Taylor Chenery on April 13, 2018
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In an article for Nashville Medical News, Bass, Berry & Sims attorney Taylor Chenery examined two recent Department of Justice (DOJ) memoranda that limit the use of guidance documents in civil enforcement actions. These memos may signal a change in how the government will approach enforcement efforts involving allegations of healthcare fraud and provide insight into how providers may be able to contest such allegations.

The memos – the first released in November 2017 by Attorney General Jeff Sessions and the second released in January 2018 by then-Associate Attorney General Rachel Brand – “relate to the government’s use of guidance documents — as opposed to codified statutes or regulations — to educate regulated parties and to enforce existing statutory or regulatory requirements.”

As Taylor points out in the article, while neither memo completely nullifies the use of guidance documents in enforcement actions, “At the very least, the memos afford healthcare providers additional defense arguments when faced with allegations of regulatory or statutory violations.”

The full article, “DOJ Memos Denote Change in Use of Guidance Documents in Enforcement Actions,” was published by Nashville Medical News on April 11, 2018.

Photo of Taylor Chenery Taylor Chenery

Taylor Chenery centers his practice on government compliance and investigations and related litigation, focusing on healthcare fraud and abuse issues. He has significant experience representing a wide variety of healthcare clients in responding to governmental investigations and defending False Claims Act lawsuits. Taylor…

Taylor Chenery centers his practice on government compliance and investigations and related litigation, focusing on healthcare fraud and abuse issues. He has significant experience representing a wide variety of healthcare clients in responding to governmental investigations and defending False Claims Act lawsuits. Taylor also has significant experience in complex commercial litigation matters, ranging from class action lawsuits to private arbitrations.

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  • Posted in:
    Administrative and Regulatory
  • Blog:
    Inside the False Claims Act
  • Organization:
    Bass, Berry & Sims PLC
  • Article: View Original Source

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