On Company Policy:
What to do if an Investigator comes to our Offices
The healthcare industry is one of the most highly regulated industries in the country. From time to time, the government conducts audits and investigations regarding the goods and services provided by healthcare providers. As a result, certain state and federal agencies may be pursuing information and we would like you to be prepared.
Should you be approached by a representative of the state or federal government or any investigating or auditing agency regarding our company, we would ask you to please refer that individual to (name of individual) ______immediately to answer any questions. Only he/she can consent to release Company information to an investigator, unless there is a search warrant. If you are presented with a search warrant, please call ______or ______immediately.
You are not obligated to speak to investigators. If you choose to speak with an investigator, you may set up an appointment to talk to the investigator at a future time. Please let us (name of individual) know, in advance, if possible whatever you decide. You may have legal counsel present. We will provide you with advice from legal counsel if the inquiry affects the company. Even if you do not seek counsel, we recommend that you take someone with you to any interview. You should take notes about the conversation.
If an investigator approaches you outside of our office setting, please be sure that you ask the investigator which agency he or she represents and ask for credentials. PLEASE TELL US! Get his or her business card. You should be sure to ascertain the nature of the questions they wish to ask before agreeing to discuss any matter. Should you be asked to sign any affidavit or statement, we urge you to seek legal counsel, either independently through our company. Be sure that any document you sign fully and accurately reflects your statement and does not omit relevant facts or call for you to speculate or guess. If you have no first hand knowledge or information relevant to the proposed statement, you should so advise the investigator.
Finally, as a healthcare provider, we are duty bound to preserve the confidentiality of our patients’ medical records. No personal health information including documents, records or patient information should be provided to anyone outside the company without the express knowledge of (name of individual) unless there is a search warrant involved.
If you have any questions, please do not hesitate to call (name of individual)
We are proud of the services rendered by our company and its employees.
This memorandum is not legal advice.
Source: Donna Thiel, partner. FDA/ Healthcare Regulatory Practice at Morgan, LewisBockius, Washington, DC
1-WA/2009561.1
DRAFT 06/18/03 13:56