OIG Exclusion Power Complicating Consent Decree Negotiations
Companies are having a tougher time negotiating corporate integrity agreements since HHS' Office of Inspector General has intensified its efforts to exclude individuals from federal health care programs.
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How Broadly Will OIG Enforce Its Exclusion Powers? Possible Action Against Forest CEO Offers A Lesson
Earlier HHS Inspector General guidance presumes individuals should be excluded if they knew or should have known of misconduct, even if government does not prosecute; action against Forrest's Howard Solomon may serve notice that OIG will exercise its powers broadly.
"As with plaintiffs' repeated attempts to characterize themselves as innocent third parties to Purdue's misbranding, the court finds plaintiffs' arguments with respect to financial loss reflective of a fundamental misconception of their own plea agreements," the ruling states.
Former CEO Marc Hermelin resigns from KV's board to prevent the company's exclusion; KV dissolved Ethex under agreement with OIG.