Responding to CIDs and HIPAA Subpoenas in FCA Investigations

Minimizing Scope of Disclosure, Mitigating Risk of Inadvertent Disclosure, Protecting PHI

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, March 29, 2017

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide guidance to healthcare counsel on responding to Civil Investigative Demands (CIDs) and HIPAA subpoenas in healthcare fraud and False Claims Act (FCA) investigations. The panel will provide best practices for complying with CIDs and subpoenas while protecting patient information.

Description

The DOJ obtained over $4.7 billion in civil fraud and false claims settlements and judgments on behalf of the government in fiscal year 2016, more than half that amount from the healthcare industry. Further, state Medicaid programs recovered additional millions of dollars.

When investigating healthcare fraud and in FCA cases, the government will serve CIDs as well as HIPAA subpoenas to obtain documentary evidence. In FCA investigations, CIDs and HIPAA subpoenas often target protected health information (PHI), creating a risk that PHI will be improperly exposed.

Healthcare providers and their counsel should proceed cautiously when responding to CIDs or HIPAA subpoenas. Counsel must act to minimize the scope of disclosure and evaluate the need for a confidentiality agreement to mitigate the risk of inadvertent disclosure of PHI or privileged information when complying with the CID and subpoena demands.

Listen as our authoritative panel of healthcare attorneys examines CIDs and HIPAA subpoenas in the context of healthcare fraud and FCA investigations. The panel will provide guidance on how to respond to each while protecting patient information.

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Outline

  1. CIDs and HIPAA subpoenas in healthcare fraud and FCA investigations
  2. Responding to CIDs
  3. Responding to HIPAA subpoenas
  4. Maintaining patient confidentiality

Benefits

The panel will review these and other key issues:

  • What risks do counsel to healthcare providers face when responding to CIDs and HIPAA subpoenas in fraud investigations?
  • What are key considerations for counsel when developing a response strategy?
  • What steps can counsel take to protect patient privacy and ensure HIPAA compliance when responding to CIDs and HIPAA subpoenas?

Faculty

Lauren P. DeSantis-Then
Lauren P. DeSantis-Then

Shareholder
Polsinelli

Ms. DeSantis-Then has an extensive background defending government investigations. She has experience representing...  |  Read More

Ingrid S. Martin
Ingrid S. Martin

Partner
Collora

Ms. Martin’s practice is centered on the healthcare industry. Ms. Martin routinely handles all types of federal...  |  Read More

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