BC Advantage - 2018 Issue 5

The Department of Justice Softens its Stance on the Applicability of Federal Agency Guidance Documents

In a pair of recent memorandums, the United States Department of Justice (Department) signaled a softening of its stance on the application of federal agency guidance documents in affirmative civil enforcement (ACE) cases.  The ultimate impact these memorandums will have in the overall health care enforcement space is unclear; however, the memorandums are consistent with the Trump Administration's goals to streamline regulatory authority. A. November 16, 2017 Guidance PolicyOn November 16, 2017, the United States Attorney General sent a Memorandum (hereafter, Guidance Policy) to all components of the Department, which served to clarify the Department's lawful exercise...

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