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Survival Tactics for General Counsel: Best Practices When the Government is Investigating Your Organization [Ober|Kaler]

May 16, 2012
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May 16, 2012

Every day the news is full of stories about health care fraud investigations and settlements. Following the passage of the Affordable Care Act, the federal government has intensified its efforts to investigate health care providers suspected of committing fraud. In this new landscape, law enforcement agencies work with the Department of Justice and U.S. Attorney's Offices utilizing myriad enforcement tools to aggressively prosecute organizations and individuals.

The Ober|Kaler Health Care General Counsel Institute presented a webinar providing best practices on how health care organizations should prepare for and respond to government investigations. Presenters offered perspectives and guidance on these key issues:

  • Responding to government demands for documentary and other tangible information, including grand jury subpoenas, search warrants, civil investigative demands and HIPAA subpoenas
  • The relationship between the RACs and other Medicare and Medicaid contractors and the federal government - Do they share information?
  • Insider tips on instituting preservation holds/document-retention directives
  • Triggers for an internal investigation in response to a government inquiry and when to involve outside counsel
  • Special issues presented by doing internal investigations including potential conflicts of interest, attorney client privilege issues and Upjohn warnings
  • Preparing and responding to government demands for witness interviews

The program was presented by Sarah Swank, co-founder of the Ober|Kaler Health Care General Counsel Institute, and Virginia Evans and Gina Simms, principals in the firm's Government Investigations and White Collar Defense Group.

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Ashley Siskey
T: 615.726.7301
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