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Telehealth: The Wave of the Future for Both Medicine and Enforcement
Before COVID-19 hit our shores, digital health was starting to take hold as the wave of the future for the practice of medicine. An AMA study from 2019 noted that at least 87% of physicians saw an advantage to using these digital tools. "Use of … digital health tools … has increased and the average number of those tools used per physician has also increased. The largest increases were in tele-visits (usage doubled from 14% in 2016 to 28% in 2019) and remote monitoring for improved care."
Since the declaration by the then Secretary of Health and Human Services (HHS) of the Public Health Emergency [PHE] on Jan. 31, 2020, telehealth has increased exponentially in large measure due to Congress and CMS's expansion of coverage for telehealth services in the Medicare and Medicaid populations. (See, Report to the Congress: Medicare Payment Policy, Medicare Payment Advisory Commission, March 2021, pg. 457.)
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
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How AI Has Affected PR
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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.