February 03, 2018

Consistent with a hospital director's fiduciary duty and pursuant to the provisions of the Federal Sentencing Guidelines, hospital governing boards are responsible for overseeing the corporate compliance plan for their facility.  While speaking at the Alabama Hospital Association Leadership Forum, February 2, Gilpin Givhan health lawyer, John Weiss, explained that directors and trustees are not expected to "ferret out" wrongdoing themselves, but should oversee the operation of the compliance program generally. Mr Weiss noted that such oversight includes making sure adequate compliance systems are in place and that compliance reports are made to the Board timely. The presentation included a review of recent practical guidance for boards published by the HHS/OIG and various resources for assessing the effectiveness of the compliance program. Emphasizing the Board's role in "setting the tone" for compliance, Mr Weiss encouraged directors and trustees to be involved in helping establish a "culture of compliance" within their organizations.