Can My Outside Counsel Really Enhance My Organization's Compliance Program?

Today, many, if not most, health care organizations have an operating compliance program. Therefore, the question may arise whether outside counsel has a continuing role to play in assisting health care organizations with their compliance programs. This article explores ways in which outside counsel can, and should, continue to be a resource to an organization's compliance efforts by: assisting an organization undergoing a government inquiry, conducting internal investigations when compliance issues arise, benchmarking an organization's success at implementing its compliance program, helping to keep the organization's compliance program up-to-date, fielding complicated questions and fact patterns, boosting a compliance department's credibility, and interacting with an organization's board of directors. While this article is focused on the role of outside counsel, the author recognizes the important role of in-house counsel in corporate compliance and the need for coordination among a health care organization's internal counsel, corporate compliance professionals, and outside counsel.