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Post-acute providers: Key risk areas and how to minimize them

Jackie Baratian (jacqueline.baratian@alston.com) is a Partner in the Washington, DC offices of Alston & Bird LLP. Ankith Kamaraju (ankith.kamaraju@alston.com) is a Senior Associate and Wade P. Miller (wade.miller@alston.com) is a Partner in the Atlanta offices of Alston & Bird LLP.

Government enforcers continue to focus their efforts on post-acute providers. This article discusses recent government enforcement actions and key risk areas for hospice, home health, and skilled nursing facilities. First, the article summarizes key government enforcers on the federal and state level. Understanding the agency in charge of the investigation, as well as its areas of focus and limitations, will allow compliance professionals to advise management on potential challenges and ramifications for the investigation. Readers who are familiar with healthcare fraud enforcement may want to skip directly to the next section, which discusses recent government enforcement and risk areas. The article concludes with practical advice for compliance professionals in the post-acute care industry drawn from the Department of Justice (DOJ) guidance on corporate compliance programs.

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