Degrees of Separation: Achieving an Appropriately Independent Compliance Function in Health Care Organizations

• November 01, 2024

• Tony Maida , McDermott Will & Emery LLP
• Robert Yates , Berkeley Research Group

The Office of Inspector General (OIG) of the U.S. Department of Health and Human Services has long opined that health care organizations should have an independent chief compliance officer (CCO). Corporate Integrity Agreements (CIAs) between health care organizations and the OIG often mandate the appointment of a CCO who reports to the organization’s chief executive officer (CEO) and its governing body (Board of Directors, Board of Trustees, etc.) and is independent from the organization’s general counsel (GC) and chief financial officer (CFO).¹ In its most recent guidance, the agency observes that “the compliance officer should not lead or report to the entity’s legal or financial functions, and should not provide the entity with legal or financial advice or supervise anyone who does.”²

ARTICLE TAGS

• Compliance Hub
• Fraud and Compliance