Erin Aebel, Brigid Merenda and J. Trevor Carson authored an article for ABA Health Law providing guidance on the process for healthcare organization counsel handling civil investigative demands (CID). The attorneys highlight the significance of a CID and how to respond to it properly to avoid legal pitfalls, such as the spoilation of evidence and even criminal liability.
The first step includes preserving any documents relevant to the investigation, including things like information from surveys and even text messages. Destroying evidence of any kind could lead to criminal claims whether intentional or unintentional. Next, counsel should consider conducting an internal investigation based on the claims addressed in the CID in order to mitigate issues before a full investigation takes place. Finally, counsel should continuously review issues identified in the CID over the potentially lengthy waiting period pf the investigation to ensure compliance and educate staff on potential problem areas.
“Of course, healthcare clients can avoid the worst outcomes that may be associated with a CID by engaging healthcare counsel long before a CID ever is received,” the attorneys emphasized. “Counsel should guide healthcare providers starting at the inception of the provider’s practice, performing such tasks as advising on billing compliance, educating on fraud and abuse policies, and developing procedures to avoid such issues.”
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