In spite of the increasing number of civil health care investigations and settlements, there is still limited guidance for practitioners to use in planning an effective negotiating strategy — a disadvantage for the lawyer representing a targeted company. This article attempts to fill that void by outlining a basic methodology for approaching negotiations of a civil health care fraud investigation and assisting the practitioner in planning a negotiation strategy.
A number of factors are outlined within the Department of Health and Human Services Office of Inspector General (OIG), “Criteria for Implementing Permissive Exclusion Authority Under � 1128 (b)(7) of the Social Security Act.” (Nonbinding guidelines, 62 Fed. Reg. 67392, Dec. 24, 1997; initial proposal at 62 Fed. Reg. 55410, Oct. 27, 1997).
