At the American Bar Association's 10th National Institute on the Civil False Claims Act (FCA) and Qui Tam Enforcement this past June, Assistant Attorney General Stuart Delery stated that the Department of Justice (DOJ) has been emphasizing the use of non-monetary enforcement tools in FCA investigations to encourage adherence to best practices and incentivize providers to operate in a compliant manner. One such tool, which has become increasingly more common, is the corporate integrity agreement (CIA), which generally requires a health care provider to adhere to several invasive and often costly compliance related obligations, and in exchange, the Department of Health and Human Services Office of Inspector General (OIG) agrees to not exclude said provider. In the first half of 2014, the DOJ and OIG increased their usage of such non-monetary enforcement techniques to combat healthcare fraud by entering into several high profile settlements that included robust and extensive CIAs.
That being said, the emphasis on non-monetary enforcement tools has apparently not come at the expense of large financial penalties. FCA settlements and judgments have already resulted in recoveries of more than $2 billion in the first six months of 2014.