Tenet HealthSystem Medical, Inc.
|Underlying Misconduct:||Federal Anti-Kickback Statute, Stark Act|
|Matter Type:||DOJ Civil|
|Relevant Jurisdiction(s):||Washington, DC|
|Penalties:||Civil Penalties, Fine, Settlement Payment|
|Reporting Agencies:||Department of Justice Fraud Section|
|Resolution Form:||Non-Prosecution Agreement|
|Agreement Date:||September 30, 2016|
|Monitor Reference Term:||Independent Compliance Monitor|
|Monitorship Term:||3 Years|
|Monitor Selection Process:||
Host Organization to provide names of three qualified candidates to Reporting Agency, who will select. Host Organization may identify its preference.
|Time to Propose Monitors:|
|Time to Engage Monitor:|
|Time to First Report:||9 mos|
|Monitor Required Qualifications:||
Demonstrated expertise with respect to monitoring and/or evaluating the effectiveness of corporate compliance programs in the health care industry; experience designing, reviewing and/or counseling on corporate compliance policies, procedures and internal controls, including the Anti-Kickback Statute, the Stark Law, referral source arrangements, and procurement policies, procedures and internal controls; ability to access and deploy resources, sufficient independence to ensure effective and impartial performance of duties.
|Summary of Monitor's Scope:||
Primary responsibility is to assess and monitor the Host Organization's compliance with the terms of the Agreement, so as to specifically address and reduce the risk of recurrence of violations of the Anti-Kickback Statute and Stark Law. Will review and monitor the effectiveness of Host Organization's compliance with the Anti-Kickback Statute and the Stark Law, and their respective implementing regulations, advisories, and advisory opinions promulgated thereunder, and make such recommendations to comply with the Agreement.
|Summary of Monitor's Activities:||
It is the intent that the Monitor's authority and duties be broadly construed: review and monitor compliance with the Agreement; review, evaluate and monitor design and implementation of corporate governance, polices and procedures relating to referral source arrangements and procurement matters to ensure they are generally effective in preventing and detecting any misconduct by any officer, director, employee or agent; review, evaluate and monitor the compliance and ethics program as it relates to compliance with the Anti-Kickback Statute and Stark Law, including but not limited to risk management systems, compliance and ethics training and communications, internal auditing systems, internal reporting and whistle blowing systems, internal investigation procedures, and information retention and production to ensure they are generally effective in preventing and detecting any misconduct by any director, officer, employee or agent; review and evaluate the compliance and ethics department and legal department structure, composition, and resource, including but not limited to, personnel compensation, recruitment programs, and training, to ensure the compliance and ethics department or function and the legal department have the appropriate qualifications, authority, structure, and resources to be generally effective; review, in the Monitor's discretion, any decision by Host Organization and its subsidiaries to enter into a contractual agreement with, or to terminate a contractual agreement with, any actual or potential referral source, along with any and all related documents, communications, data and materials; review, in the Monitor's discretion, any payment made by Host Organization and its subsidiaries to any actual or potential referral source, along with any and all related documents, communications, data and materials and; review, in the Monitor's discretion, any entry into the Host Organization's books and records relating to any payment made to any actual or potential referral source, along with any and all related documents, communications, data and materials.
No business with Host Organization for at least 2 years after the expiration of the Monitorship.