Practice Groups

Compliance, Investigations & White Collar

Integrity Monitoring

When an organization agrees to settle civil or criminal charges with a government regulator, it is likely that the organization will be required to retain an “integrity monitor” to ensure compliance with the terms of its agreement. Such agreements frequently mandate the implementation of compliance programs, remedial measures and reforms of various kinds. In the health care industry, these integrity monitors are frequently Independent Review Organizations (“IRO”) that are mandated by Corporate Integrity Agreements (“CIA”). Integrity monitors are also frequently utilized on major public works projects to ensure probity in the performance of government contracts, either as part of a proactive effort to minimize waste and abuse, or because the contractor or its employees were previously investigated or charged with misconduct. Our attorneys are experienced and well-positioned to assist in this area, either as an integrity monitor or as a shadow advisor to an organization required to accept such a monitor. In the health care context, we can assist organizations operating under a CIA to ensure that the organization’s compliance program is operating correctly and that all obligations under the CIA are being discharged properly. We can help anticipate and address compliance risks before they come to the attention of regulators, assist the organization with its annual reporting obligations, and where appropriate or necessary, mediate disputes between the organization and regulators or the IRO assigned to perform compliance reviews.