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.

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.

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, Shareholder
Polsinelli, Washington, D.C.

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
Collora, Boston

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.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

How does this work?


Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00

How does this work?

Recorded Audio Download (MP3) $297.00

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H

How does this work?


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

or call 1-800-926-7926

Customer Reviews

The materials were excellent and well organized.
 

Kevin Duthoy

Bewley, Lassleben & Miller

Very valuable information.

Mara McDermott

Akin Gump

I appreciated that the speakers had opinions and ideas to share beyond what is available in print.

Burton Wagner

Reinhart Boerner Van Deuren

I liked the topic and the tools provided in the handouts.

Mildred Johnson

Texas Tech University Health Sciences Center

The seminar was very informative and detailed, and I enjoyed the different perspectives of the speakers.

Melanie Martin

Cozen O'Connor

or call 1-800-926-7926

Health Law Advisory Board

Lowell C. Brown

Partner

Arent Fox

Jennifer L. Evans

Shareholder

Polsinelli

Ryan S. Johnson

Shareholder

Fredrikson & Byron

Gina M. Kastel

Partner

Faegre Baker Daniels

Karen S. Lovitch

Member

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo

David A. Manko

Partner

Rivkin Radler

John J. Miles

Principal

Ober Kaler

C. Elizabeth O'Keeffe

Counsel

Wyatt, Tarrant & Combs

J. Peter Rich

Partner

McDermott Will & Emery

Donald H. Romano

Of Counsel

Foley & Lardner

Judith A. Waltz

Partner

Foley & Lardner

John R. Washlick

Shareholder

Buchanan Ingersoll & Rooney

Jesse A. Witten

Partner

Drinker Biddle & Reath

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.