BC Advantage Magazine - 2018 Issue 5
The Department of Justice Softens its Stance on the Applicability of Federal Agency Guidance Documents
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Article Overview
This article covers two Department of Justice memorandums issued in late 2017 and early 2018 that address how federal agency guidance documents should be treated in Department policy and in affirmative civil enforcement cases. It is relevant to health care compliance, reimbursement, and litigation professionals who work with sub-regulatory guidance from agencies such as OIG, CMS, and Medicare contractors. The article provides a high-level discussion of the policy shift, the types of agency materials affected, and the practical significance for health care entities.
Why This Topic Matters
The article matters because it clarifies a change in federal enforcement posture that may affect how agency guidance is viewed in civil fraud and enforcement matters, while also reminding health care organizations that guidance may still matter in reimbursement and audit contexts.
Article Sections
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A. November 16, 2017 Guidance Policy
Summarizes the Department of Justice policy on federal agency guidance documents and the internal instructions given for drafting and reviewing such materials.
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B. January 25, 2018 Associate Attorney General Memorandum
Explains the later memorandum clarifying how the guidance policy applies in affirmative civil enforcement matters and its stated scope.
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C. Implications of the Guidance Policy and Memorandum on Health Care Entities
Discusses the potential impact on health care organizations, including the role of sub-regulatory guidance in enforcement and reimbursement settings.
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Conclusion
Provides a closing summary of the policy shift and its possible significance for health care entities.
What You Will Learn
- How Department of Justice memorandums changed the treatment of federal agency guidance documents
- How the policy relates to affirmative civil enforcement matters
- Why sub-regulatory guidance remains relevant in health care compliance and reimbursement contexts
- Which types of agency materials are discussed in the article
- What practical implications the policy shift may have for health care entities
Who Should Read This
- Health care compliance professionals
- Health care attorneys
- Billing and reimbursement professionals
- Provider organizations
- Regulatory and enforcement counsel
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