Attorneys at law at GOLAW hosted a webinar on criminal proceedings in the healthcare sector

During the event, the speakers explained why the activities of medical institutions are increasingly becoming the subject of criminal investigations. In particular they discussed the tightening of controls over the use of funds from the Medical Guarantees Program, law enforcement’s ability to cross-reference data from the Electronic Health Record System (EHRS) with state registries and information on border crossings, as well as the role of patient complaints in identifying violations.

A separate section of the webinar was devoted to the main categories of criminal proceedings in the medical sector. The lawyers distinguished between professional medical criminal offenses directly related to the provision of medical care and official misconduct arising during the administration of a healthcare facility, the use of budget funds and interactions with the National Health Service of Ukraine (NHSU).

Kristina Razvina paid special attention to criminal proceedings related to entering false information into the EHRS and receiving funding for services that were not actually provided or were provided to a lesser extent. Webinar participants reviewed real-life cases involving the investigation of the unlawful receipt of funds under contracts with the NHSU.

Anastasia Shapoval focused on professional medical criminal offenses, primarily on cases under Article 140 of the Criminal Code of Ukraine regarding the improper performance of professional duties by a medical or pharmaceutical worker. During the presentation the speakers discussed what circumstances the investigation must prove to hold a medical professional criminally liable, which specialties are most often involved in such cases and which errors most frequently become the subject of criminal legal assessment.

Concluding the webinar, the speakers emphasized that investigations in the medical field usually begin long before the facility’s management or staff become aware of them. That is why it is important for medical facilities not only to respond to investigative actions but also to proactively establish internal mechanisms for monitoring, documenting and managing criminal law risks.