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
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.
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.
- CIDs and HIPAA subpoenas in healthcare fraud and FCA investigations
- Responding to CIDs
- Responding to HIPAA subpoenas
- Maintaining patient confidentiality
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?
Lauren P. DeSantis-Then, Shareholder
Ms. DeSantis-Then has an extensive background defending government investigations. She has experience representing private companies, associations and executives in civil and criminal investigations and against the U.S. DOJ, SEC, FTC, DOE, HHS, HIS, as well as various attorneys general and state regulatory and enforcement bodies. Ms. DeSantis-Then has conducted numerous internal investigations following the receipt of a subpoena or other notice of a government investigation in the areas of healthcare fraud and abuse, Anti-Kickback Statute, FCA violations, agency noncompliance determinations, among others.
Ingrid S. Martin, Partner
Ms. Martin’s practice is centered on the healthcare industry. Ms. Martin routinely handles all types of federal and state government investigations faced by medical professionals, healthcare entities and members of the pharmaceutical and medical device industry. These include investigations by the U.S. Department of Justice, the FDA, the DEA, and the Office of the Inspector General of Health and Human Services, among others.
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