CHC Internal Investigations 2

Question 1

When interviewing a potential whistleblower during an internal investigation, what is the MOST important protection to communicate?

Accepted Answer

Retaliation for good-faith reporting is prohibited under company policy and law

Answer

Anti-retaliation protections are a legal and ethical obligation that must be clearly communicated to encourage candid participation.

Question 2

Which privilege protects communications between a healthcare organization's in-house counsel and employees during an internal investigation?

Accepted Answer

Attorney-client privilege

Answer

Attorney-client privilege protects confidential communications between counsel and employees when the communication is for the purpose of obtaining legal advice.

Question 3

A compliance investigation reveals that a physician self-referred patients to a facility in which he has an ownership interest. Which federal law is MOST directly implicated?

Accepted Answer

Stark Law (Physician Self-Referral Law)

Answer

The Stark Law prohibits physician self-referrals for designated health services when the physician has a financial relationship with the entity.

Question 4

During an investigation, an employee invokes their Fifth Amendment right against self-incrimination. What should the compliance investigator do?

Accepted Answer

Note the invocation and consult with legal counsel before proceeding

Answer

The invocation of Fifth Amendment rights in a workplace investigation requires legal guidance to balance investigative needs with employee rights.

Question 5

What does the term 'Upjohn warning' refer to in the context of a healthcare compliance investigation?

Accepted Answer

A notice to employees that their communications with company counsel represent the organization, not them personally

Answer

An Upjohn warning, derived from Upjohn Co. v. United States, informs employees that legal counsel represents the organization and that communications may be disclosed.

CHC - Certified in Healthcare Compliance Practice Test

CHC - Certified in Healthcare Compliance Practice Test

CHC Internal Investigations 2