The March 18, 2019 post of Legal Topics in Healthcare provided a definition of Cooperation Credit when undergoing a False Claims Act (FCA), HIPAA Investigation or the like.  In 2015, Deputy Attorney General Yates issued a memorandum detailing a policy on “individual accountability”.  The memo, Individual Accountability for Corporate Wrongdoing, is known as the “Yates Memo.”

This memo essentially limited the availability of cooperation credit to only those organizations that provide the Department of Justice (DOJ) all relevant facts relating the individuals responsible for the misconduct. Individual accountability addresses DOJ concern that too many individuals evaded punishment for wrongdoing related to the financial crisis, but this policy has significant implications for healthcare providers and their employees.  Prior to the Yates Memo, cooperation credit was potentially available under DOJ policy even if an organization failed to disclose basic facts about its employee(s) involvement in criminal misconduct.

For more information on the Yates Memo, please contact Linda Mancini at (781) 272-8001.