Free Health Law Webinar–Internal and Government Investigation Strategies

It’s your last chance to register for the second free webinar in Wolters Kluwer Legal & Regulatory, U.S.’s four-part webinar series in partnership with Alston & Bird focusing on best practices for handling internal and external healthcare fraud and False Claims Act investigations.

“Internal and Government Investigation Strategies”, will discuss how companies can conduct cohesive internal investigations, what the government expects organizations to do and the investigative techniques that the government uses. To register, visit the link below:
Internal and Government Investigation Strategies 
Tuesday, December 4, 2018 at 2 PM EST
Moderator: Frank Sheeder, Partner at Alston & Bird
Featured speakers: Wade Miller, Partner, and Matt Dowell, Senior Associate at Alston & Bird

For information on the full webinar series, visit http://health.wolterskluwerlb.com/2018/10/wk-announces-free-webinar-series-on-healthcare-investigations/

Free Health Law Webinar–Steps to Take When a Fraud, Waste, or Abuse Issue is Discovered

It’s your last chance to register for the first free webinar in Wolters Kluwer Legal & Regulatory, U.S.’s four-part webinar series in partnership with Alston & Bird focusing on best practices for handling internal and external healthcare fraud and False Claims Act investigations.

“Steps to Take When a Fraud, Waste, or Abuse Issue Is Discovered”, will cover the essential elements of a comprehensive investigation plan that prudent organizations should develop as a first step when fraud, waste, or abuse is discovered. To register, visit the link below:
Steps to Take When a Fraud, Waste or Abuse Issue is Discovered
Thursday, November 1, 2018 at 3 PM EST
Moderator: Frank Sheeder, Partner at Alston & Bird
Featured speakers: Jason Popp, Partner, and Brad Smyer, Senior Associate at Alston & Bird

For information on the full webinar series, visit http://health.wolterskluwerlb.com/2018/10/wk-announces-free-webinar-series-on-healthcare-investigations/

Kusserow on Compliance: Free Webinar! Conducting Internal Investigation Interviews—Some Best Practices and Tips

Wolters Kluwer is hosting a complimentary webinar on January 26, 2017, entitled, “Best Practices for Conducting Internal Investigations.” The presenters are Richard P. Kusserow, former FBI executive and HHS Inspector General, and Kashish Chopra, JD. Both have extensive experience with conducting internal investigations. Today’s blog provides some tips on the most critical part of most investigations; conducting witness interview. This subject will be provided in more depth during the webinar.

Always project a professional image

This begins with how one is attired. An interview is a formal business meeting and those conducting them should dress accordingly. Dressing down in jeans or other casual clothing does not project a professional image. Those interviewed are not friends; and therefore investigators should not dress and act as if they were. The demeanor of interviewer is important to outcome of interview. If interviewer appears quietly competent and professional, it will encourage confidence in the individual being interviewed. It also reduces nervousness in innocent parties, increases nervousness in guilty ones. The manner should always be polite but firm. Cooperation is essential; intimidation is counter-productive and possibly disastrous in outcome. Treat those interviewed with dignity, respect, and courtesy; and avoid use of any investigative jargon or slang

Begin with why the person is being interviewed

Identify self and any others participating in the interview and explain the purpose of the investigation, along with the authority to conduct inquiry. Make it clear they have a duty to provide complete and accurate facts and explain their comments will be kept confidential to the degree possible

Take time to establish rapport

This is critical to the result of the interview. Beginning an interview with five or ten minutes of easy conversation has the advantage of reducing tension and increases better communication and cooperation. It also permits the investigator to observe the person and their behavioral patterns during this initial more relaxed discourse that often proves very valuable when assessing responses when questioning begins addressing more serious issue areas. Any rapport established can be easily lost by careless use of terms or phrases that may evoke negative connotations, or cause the person to become more defensive and less cooperative.

Best way to have a productive interview is to do one’s homework in advance

This means (a) knowing the objectives of the investigation; (2) having an investigative plan to achieve those objectives; (3) identifying facts needed to properly understand and assess the issues; and (4) what the person being interviewed may offer in terms of facts. It is useful to prepare the key points to be covered for use as a guide, but just going down a list of questions is a bad practice, as it turns the interview into something more akin to an interrogation. Use open-ended questions and allow the person to speak. Often they will cover many of the points on your guide in their discourse. At the end of the interview, review the guide to see if all the points were covered”.

Keep control of the interview by asking, not answering, questions

The interviewer is not the dispenser of information and, as such, they should not reveal the status of the work; offer opinions; indicate what has been found so far; or what has been said by others. Offer no opinions relating to the investigation. Losing sight of that principle often leads to losing control of the interview and is one of the major causes of bad outcomes in the process.

Always remember the interview purpose is to establish facts

It is critical that the investigator remain at all times focused on facts. It is common to have those being interviewed to drift off of facts, especially if they are uncomfortable with the direction of the interview. Therefore, always follow through on questions asked and not be diverted by other comments. Ensure basic questions such as who, what, where, when, how, and why have been addressed. Keep the questions simple and direct, avoiding compound sentences. Ask open-ended questions and allow the person to fully answer.

Take notes, discreetly

It is important to maintain the interview as much like a conversation as possible. Losing eye contact can throw the interview off and detract from results. As such, although it is critical to take notes throughout the interview, it should be done as discreetly as possible. This means writing only key words and phrases that can be filled out after the interview is over. Taking copious notes and losing eye contact risk turning the interview into something that may appear to the individual as an interrogation and makes individuals tighten up and be less forthright in their comments.

Click here to register.

Richard P. Kusserow served as DHHS Inspector General for 11 years. He currently is CEO of Strategic Management Services, LLC (SM), a firm that has assisted more than 3,000 organizations and entities with compliance related matters. The SM sister company, CRC, provides a wide range of compliance tools including sanction-screening.

Connect with Richard Kusserow on Google+ or LinkedIn.

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Copyright © 2017 Strategic Management Services, LLC. Published with permission.

Kusserow on Compliance: 3-Part Webinar

Internal Investigations: Managing Risk and Executing with Excellence

3-Part Webinar Series
Thursday, September 1, 15, and 29, 2016
1:00 PM – 2:30 PM Eastern Time

(5.4 CEUs; 3.75 CLE hours, 0.75 ethics hours)

Organizations must be prepared to address allegations of fraud, misconduct, harassment, retaliation, safety and code violations, among others.  It is imperative that all organizations, regardless of their place in the healthcare industry, develop an internal investigations program to address these circumstances properly, as failure to do so can escalate the problem and increase exposure to legal liability. Join former HHS Inspector General, Richard Kusserow, and his faculty for best practices, sample policies, and continuing education credits.  Over the course of this 3-part webinar series, the faculty of career federal investigators and attorneys will provide guidance on how to develop an internal investigation program, respond to employee complaints, prepare for investigations, conduct interviews, write final reports to close investigations, and communicate findings to executives and boards of directors.  Each webinar in the series will clearly detail the phases of an internal investigation, pitfalls to avoid, and how to execute with excellence while mitigating risk.  Register today for this webinar on executing effective internal investigations:

  • Establishing internal investigation program and policies and procedures to support action.
  • Perspective on the roles Legal, Compliance, and Human Resources in investigations
  • The 7 steps to an investigation
    • Gathering background information
    • Planning the investigation
    • Initiating the investigation
    • Executing interim actions in an organization
    • Gathering documentary evidence and conducting interviews
    • Writing the final investigation report
    • Closing the case and communicating findings
  • Guidance on how to conduct interviews, fact finding, and the art of questioning.
  • Interview tips for dealing with deception.
  • Best practices for managing information and documentary evidence.
  • Effective report writing and disclosures.
  • Best practices for communicating to management, the Board, and outside agencies.
  • An opportunity to get answers to your specific questions.
Faculty: Richard Kusserow
Emil Moschella, JD
Suzanne Castaldo, JD, CHC
Kashish Chopra, JD, MBA, CHC
Register Now
Dates: Part I: Establishing an Internal Investigation Program: Protocol, Planning, and Investigation Initiation. Thursday September 1, 2016, 1:00-2:30 PM Eastern Time

Part II: Gathering Documentary Evidence and Conducting Interviews. Thursday September 15, 2016, 1:00-2:30 PM Eastern Time

Part III: Writing an Investigation Report and Closing Actions. Thursday September 29, 2016, 1:00 -2:30 PM Eastern Time

Fees: $495 per site for the complete 3-Part series – 15% Discount
(5.4 CEUs, 3.75 CLE hours, 0.75 ethics hour total)$195 per site per session if registering a-la-cart
(1.8 CEUs, 1.25 CLE hours, 0.25 ethics hours per session)
Registration: Click “Register Now” or use the following link:  http://goo.gl/g8gp3U
(Registration is open, feel free to forward to colleagues)

 

For more information about this webinar series or CLE/CEU approval, please contact Kashish Chopra, kchopra@strategicm.com or call 703-535-1413. CLE credit approval: TX
For compliance information on internal investigation services visit:

Strategic Management brings an unparalleled depth of knowledge and experience to the compliance risk issues facing health care organizations.  More information on the firm can be found at www.compliance.com or by contacting us at (703) 683-9600.