Did you miss our "Government Enforcement in the Skilled Nursing Industry" webinar last week? Watch the recording: https://attendee.gotowebinar.com/recording/2377942824377764866
In our previous post, we provided an overview of part one of our webinar, which covered the current and upcoming trends affecting the skilled nursing industry. Today, we'll get into the second part, offering owners and operators a guide to navigating and managing government enforcement actions with poise.
Matthew Krueger, former U.S. Attorney and current partner at Foley & Lardner LLP, discussed legal and compliance risks to avoid, strategies for prevention and mitigation, and best tactics for responding to government enforcement issues.
Key Takeaways
Legal & Compliance Risks
State attorney generals and the HHS-OIG are becoming more active in seeking funds and imposing interventions.
"Another risk area of state attorney generals are getting much more active and seeking not only funds, but also perhaps interventions in your company like an independent monitor. Related to that, HHS-OIG at the federal level, can impose what's called a corporate integrity agreement... And then at the worst case scenario is actual potential criminal charges."
Prevention & Mitigation
Investing in high-quality professional advice from the start is crucial.
"I can't emphasize enough the importance of investing in high quality professional advice, the lawyers, the accountants, the transactional folks at the front end of setting up your business and your contracts... so that you prevent yourself from finding serious trouble in the future."
Response Strategies
Quick and effective responses to government enforcement complaints are essential.
"One of just the simplest things you can do is try to really put resources towards responding to complaints effectively, quickly... try to build relationships with your local regulators, because you want a reputation of being a responsible operator."
Advice to Owners
Training your staff and establishing clear policies on handling government interactions is an important step to ensure compliance and avoid any potential legal issues.
"Do the frontline employees at your facilities know how to respond to government interactions? Training your staff to get identification from government personnel and notify a facility director who then further escalates it is critical to avoid unnecessary problems and mitigate the risks during such interactions."
Interested in learning more and taking a deeper dive into the content? Watch the full webinar recording here: Fireside Chat - Stroiman Brothers, Matthew Jassak & Matthew Krueger Talk Government Enforcement in the Skilled Nursing Industry
For another written resource on this topic, check out McKnights Senior Living's article recapping the webinar, "SNFs face 'increased and increasingly hostile' government scrutiny, attorneys say".