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Unscheduled In-Office Visit (Payor or Government Agent)

Provided by: Jennifer Kirschenbaum, Esq.
   December 22, 2016
Question:

Hi Jennifer, 

OMIG dropped by my office today. I had my staff ask the team to wait in the waiting room and I was glad we got ahold of you and you asked them to leave. Can you send me procedure in case this happens again?

Thanks,  Dr. S

Answer:

Yes. To the extent preventable, we do not want anyone snooping around your practice. In each case we can coordinate we will try to have any production sent out to the requestor.  You just never know what will set off an auditor - it is extremely ill-advised to have them in your space. 

Immediate Response. In the event any individual(s) arrive at the Practice for the purpose of conducting an investigation the Compliance Officer or available Practice staff members shall immediately do the following:

i.    request the individual(s) to remain outside; 
ii.    alert the Practice’s management; 
iii.    contact the Practice’s attorney (here is order of calling for our office);

(1)  Jennifer Kirschenbaum:  516 747 6700 x. 302
(2)   Micheal Foster:     516 747 6700 x. 308
(3)   Jodi Perlman: 516 747 6700 x. 326
(4)   Caroline Wallitt: 516 747 6700 x. 305
(5)   Taryn Crimi: 516 747 6700 x. 310
(6)   Ken Kirschenbaum: 516 747 6700 x. 301

i.    request a copy of the search warrant and the affidavit supporting it;
ii.    record names of individual(s) and agencies represented;
iii.    ask the individual(s) to secure the premises, but to delay the search until counsel is present (if this request is refused, do not deny admission to the premises if a valid warrant is presented, which could be construed as obstruction of justice); 
iv.    ask for a delay until all patients have been treated and released, and until the Practice’s attorney is present;.
v.    accompany the individual(s) during the search at all times;
vi.    record beginning and ending times of the search, all items reviewed, areas searched, types of documents reviewed or seized, photographs taken, questions asked or comments made and requests made by agents;
vii.    identify and request copies of items essential to daily operation; and

b.    Post-Investigation Requirements.  Debrief all Practice staff interviewed by individual(s).  Document all staff interviews to ensure accurate and contemporaneous documentation of investigation is on file and maintained. 

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Have a question or comment for Jennifer?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or  at (516) 747-6700 x. 302.
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Contact Jennifer directly at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com
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