Parallel Investigations In Health Care Parallel Criminal and Civil Investigations.

Mark Brengleman

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State agencies routinely handle, investigate, and dismiss -- or prosecute -- alleged violations of law that can be career-ending for the health care practitioner or fatally damaging to health care facility. Yet these matters can come about in separate, but related ways. First, a health care practitioner or facility may be under investigation for civil wrongdoing and violations of applicable state law. Second, the same health care practitioner or facility may also be under investigation for criminal wrongdoing as alleged for violations of state and federal criminal laws.

The government may seek both civil relief and criminal prosecution for same alleged misconduct against either the health care practitioner or the facility whichever one is implicated, or both. The government does not have to choose between the two alternatives of a civil or a criminal remedy. Misconduct can give rise to both a civil action as well as a criminal prosecution based on the same facts and circumstances.

Are there different rights of the accused in each proceeding? Explore the answer yes, if those rights are implicated in a parallel proceeding where government investigations are civil and also criminal in objective.

Identify when there are possible criminal and civil consequences of regulatory misconduct in health care and develop knowledge of the parallel administrative and criminal investigative processes.

Understand and overcome roadblocks to investigating and prosecuting an administrative disciplinary action where a parallel criminal investigation or prosecution is occurring.

Learn to identify the legal authority for the state or federal government to take civil and criminal action. Seek to understand and defend against such state or federal actions based on the due process rights of the accuse because they may result in ruinous practice and career consequences for the health care professional.

This program offers an objective, thorough review of the parallel proceedings that may occur in a similar, and related, investigation of alleged health care fraud. This program also reviews how those standards of due process apply at the investigative stage of proceedings. Without an understanding of the standards of due process in each different, but related investigation, the health care practitioner or the health are entity likely suffer a fatal blow to the practitioners professional practice and career or the entitys continued business operations.

Course Objective

Learn to identify, understand, and defend against parallel investigations in health care fraud cases where separate, but related, civil and criminal investigations are underway. These can be against a health care practitioner or against a health care entity.

These parallel civil and criminal investigations target health care practitioners or entities where the government has two, separate investigations on-going. Each investigation has vastly different consequences civil money penalties with licensure consequences for one, and jail time for the other.

Either investigation may result in ruinous practice and career consequences for the health care professional held to defend two investigations, like fighting a war on two fronts. Or, there may be fatal business consequences to the health care facility.

Why the difference in the two investigations? How does one apply against the other? Are the two related but separate? Find the answers in this presentation.

This program offers an objective, thorough review of the parallel civil and criminal investigations conducted by the government against a health care practitioner or against a health care entity. Review the different standards and rights of the accused under investigation by the state against an individual health care practitioner or a health care entity.

Course Outline

  • Legal standards for separate civil and criminal investigations;
  • Due process rights and standards for related civil and criminal investigations;
  • Government remedies to seek both civil and criminal penalties;
  • Civil risks against the health care practitioner versus the health care entity;
  • Government authority to pursue parallel proceedings;
  • Defenses to the use of evidence in a civil proceeding gained in a criminal proceeding, and vice-versa, and;
  • Case law review of applicable health care fraud cases resulting from parallel civil and criminal proceedings.

Target Audience

  • Health care law attorneys; 
  • Licensed health care practitioners in private practice who work with or supervise EMS health care.
  • Medical directors of health facilities and EMS providers; office managers and medical directors of hospitals; health care managers and executives; corporate counsel in health care; health care administrators; university faculty in health care

Webinar Events
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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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