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https://www.compliance.com/resources/the-new-oig-responsible-corporate-officer-doctrine/#:~:text=The%20New%20OIG%20%E2%80%9CResponsible%20Corporate%20Officer%20Doctrine%E2%80%9D%201,OIG%20Exclusion%20Action.%20...%204%20Future%20Direction.%20
https://www.compliance.com/resources/the-new-oig-responsible-corporate-officer-doctrine/
Compliance Officers need to ensure that their executive leadership is briefed on the significance of the OIG’s responsible corporate officer/managing employee doctrine. These individuals need to understand their potential exposure for corporate misconduct, and that corporate status will no longer insulate them from personal lia…
https://www.compliance.com/resources/tom-herrmann-discusses-the-new-oig-responsible-corporate-officer-doctrine/
In a recent article published in the Journal of Health Care Compliance, Thomas Herrmann provides his perspective on the new OIG “Responsible Corporate Officer Doctrine.” About the Author Thomas Herrmann advises health care clients on compliance and regulatory matters, with a focus on development and management of effective health care ...
https://www.primerus.com/business-law-articles/responsible-corporate-officer-not-just-a-criminal-conscept-02212012.htm
Utilizing the responsible corporate officer doctrine, the OIG has been taking an increasingly aggressive stance in seeking to debar individuals who have not been convicted of a felony, and in once instance have not been convicted of anything at all. The case of Freidman v. Sebelius, 755 F.Supp. 2nd 98 (D.D.C. 2010) is illustrative.
https://www.mcglinchey.com/insights/responsible-corporate-officer-doctrine-federal-government-takes-an-aggressive-approach-aimed-at-corporate-executives/
The “Responsible Corporate Officer” doctrine was incorporated into the Clean Water Act and Clean Air Act criminal provisions in the 1980’s. Increased use of that doctrine could expose executives in a myriad of industries to criminal prosecution for misconduct within their companies. ... HHS-OIG has debarred one corporate officer in the ...
https://www.northernsteelvic.com.au/w-corporate-office/what-is-responsible-corporate-officer-doctrine.html
The New OIG “Responsible Corporate Officer Doctrine”. The DHHS Office of Inspector General (“OIG”) has raised the stakes for health care executives whose companies become involved in a Federal Government fraud case. The OIG recently signaled a new commitment to holding health care company owners, officers, and managing employees ...
https://www.skadden.com/-/media/files/publications/2018/12/theresponsiblecorporateofficerdoctrineprotectionsa.pdf
Origin of the RCO Doctrine The RCO doctrine—also known as the “Park Doctrine”—im - poses strict liability upon individual corporate officers for Jennifer L. Bragg is a partner at Skadden, Arps, Slate, Meagher & Flom LLP in Washington, DC. Ms. Bragg is an experienced regulatory and litigation attorney, advising FDA-regulated
https://southfloridahospitalnews.com/corporate-compliance-officer-liability-under-the-responsible-corporate-officer-doctrine/
Significantly, the executives’ liability was founded solely on the "responsible corporate officer" doctrine. ... Inspector General Levinson’s testimony further revealed that the OIG intends to use its exclusion authority to combat health care fraud, which could include violations of the Anti-Kickback law or the Stark law. ...
http://www.healthlaw-blog.com/2012/07/rcod-responsible-corporate-officer-doctrine-use-increasing/
Over the last two or three years, both the FDA and the OIG have used the responsible corporate officer doctrine to pursue individual corporate officers for criminal prosecution and program exclusion. These prosecutions have been based solely on the position of the officer rather than any specific knowledge of illegal activity. ... For example ...
https://hawleytroxell.com/2012/06/the-resurgence-of-the-responsible-corporate-officer-doctrine/
The Resurgence of the Responsible Corporate Officer Doctrine. Added by Hawley Troxell in Articles & Blogs, Health Law on June 14, 2012. Hospitals and healthcare systems and their attorneys should take note of the recent resurgence of the responsible corporate officer (RCO) doctrine. Aptly referred to as the crime of doing nothing, the RCO ...
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2180098
The FDA's recent deployment of the Responsible Corporate Officer Doctrine (also known as the Park Doctrine), and HHS OIG's presumption of federal health program debarment following an RCO Doctrine conviction has been extremely controversial. This article defends strategic use of the Doctrine against officers and directors of entities such as ...
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