Health Care Investigations By The Government How They Do it

Mark Brengleman

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State government agencies tasked with investigating alleged misconduct in health care generally follow proscribed steps in investigating the misconduct. This can include agencies with authority over individually licensed health care practitioners or with authority over the administration of government health care programs whose budgets are in the hundreds of millions of dollars.

Gathering (and even seizing) evidence and interviewing witnesses such as former employees (and even current employees) is a little-known process to the health care practitioner. Civil investigations obtain documents and records easily with nothing more than a piece of paper an administrative subpoena. Criminal investigations more often use a search warrant authorized by a judge in court and are sometimes carried out with a fork-lift and a moving van as the agency hauls away original documents, records, computer equipment, and other evidence.

When a complaint is filed with a state government agency which proceeds to investigate, the health care practitioner is now the target of an uncertain process as unknown to the practitioner. This is commonly the case with individually licensed health care practitioners.

This webinar dispels the uncertainty about how investigations are conducted by a state government agency and focuses most on the individual health care practitioner in a licensure investigation. Health care practitioners who are fully informed about these procedures may better defend their actions and work successfully through the investigative process because that is where the most good can be done averting a disciplinary action and loss of licensure.

This webinar focuses on the unique investigative procedures used in state licensure board cases where a doctor or nurse, or any licensed health care professional, is under investigation and may lose their license to practice their chosen profession. See examples of state investigative procedures that are mandated by state law to be followed by the agency and what remedies exist, if any, if the state violates them. Differentiate between civil and criminal investigations, and learn how ones criminal rights span both civil and criminal investigations. Learn in-depth techniques used by the assigned investigator to grill witnesses and elicit evidence.

This webinar provides a detailed look at the policies and procedures generally followed by an administrative agency with jurisdiction over the licensed health care practitioner where the stakes are high leading to the loss of licensure and professional ruin of the practitioners livelihood.

Course Objective

Learn the general steps a state government agency undertakes to conduct investigations into misconduct in health care practice with a focus on state licensure boards which license and regulate various health care practitioners. Cover the differences between civil and criminal investigations with the differing goals of each, and understand how criminal rights span both kinds of investigations.

Investigations either exonerate or implicate licensed health care practitioners for potential violations of law for which their license to practice is at stake. Investigations may begin as civil matters and then may even proceed to criminal violations for health care crimes - either may result in ruinous practice and career consequences for the health care professional held to defend the investigations.

This program offers an objective, thorough review of the state licensure board investigations conducted by the government against a licensed health care practitioner. Review the different standards and rights of the accused under investigation by the state against an individual health care practitioner. Recognize the basic difference in civil and criminal investigations where both may be carried out by the same agency.

State agencies routinely handle, investigate, and dismiss -- or prosecute -- alleged violations of law that can be career-ending for the health care practitioner. Understand and overcome roadblocks to your defense of the agencys investigating and prosecuting an administrative disciplinary action.

This program covers the state agency investigative procedures that are applied against a licensed health care practitioner for alleged health care fraud or licensure violations.

Course Outline

  • Legal standards for civil licensure board investigations;
  • Due process rights and procedures for civil investigations;
  • Government remedies to seek both civil and criminal penalties;
  • Defenses to the civil investigative process;
  • Criminal law rights that span both criminal and civil investigations;
  • Select case law review of applicable health care fraud and licensure cases.

Target Audience

Health care law attorneys; licensed health care practitioners in private practice; medical directors of health facilities; office managers and medical directors of private medical offices; health care managers and executives; corporate counsel in health care; health care administrators; university faculty in health care; allied health professionals in graduate-level medical education across the many health care professions

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Training CD-DVD

Physical CD-DVD of recorded session will be despatched after 72 hrs on completion of payment

Recorded video

Recorded video session

Speaker: Mark Brengleman, Counsel to numerous health professions

Mark worked as the assigned counsel to numerous health professions licensure boards as an Assistant Attorney General for the Commonwealth of Kentucky. Moving to private practice, he now helps private clients in a wide variety of contexts who are professionally licensed. Mark became interested in the law when he graduated with both Bachelor's and Master's degrees in Philosophy from Emory University in Atlanta. He then earned a Juris Doctorate from the University of Kentucky College of Law. In 1995, Mark became an Assistant Attorney General and focused in the area of administrative and professional law where he represented multiple boards as General Counsel and Prosecuting Attorney.

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