CHC EXAM 2024 QUESTIONS AND ANSWERS ALL
CORRECT
Chapter 8 Federal Sentencing Guidelines (FSG) - Answer -Guidelines and policy in this section apply to
sentencing in federal criminal prosecution when the convicted defendant is an organization
FSG- 4 factors that increase ultimate punishment of an organization - Answer -1.Involvement in or
tolerance of criminal activity
2.Prior history of the organization
3.The violation of an order
4.The obstruction of justice
FSG- The two factors that mitigate the ultimate punishment of an organization - Answer -1.The existence
of an effective compliance and ethics program
2. Self-reporting,cooperation, or acceptance of responsibility
FSG - The 4 general principles - Answer -1. The court orders the organization to remedy harm caused by
the offense.
2.If the organization operated primary for a criminal purpose or primarily by criminal means the fine
should divest it of all assets.
3. Fine based on seriousness and culpability (6 factors)
4. Probation is appropriate when needed to ensure another sanction is fully implemented or to ensure
steps will be taken to reduce likelihood of future offense.
FSG-High-level personnel of the organization - Answer -Individuals who have substantial control over the
organization or who have a substantial role in the making of policy or has substantial ownership interest
FSG-Substantial authority personnel - Answer -Individuals who within the scope of their authority
exercises substantial measure of discretion in acting on behalf of an organization. High-level included in
definition . Examples manager,can negotiate contracts or prices, supervisory authority. No of these
examples is required, determined on a case by case basis.
FSG-Condoned - Answer -If individual knew of the offense and didn't take reasonable steps to prevent or
terminate the offense.
FSG- willfully ignorant of the offense - Answer -If the individual did not investigate the possible
occurrence of unlawful conduct despite knowledge of circumstances that would lead a reasonable
person to investigate.
, FSG-Part B:Methods for remedying harm - Answer -1.Restitution order or probation requiring
restitution.
2.Remedial order or community service when harm would not be otherwise remedied.
FSG Restitution to identifiable victim - Answer -Can be made in lump sum, partial payments at specifed
intervals, in - kind payments or combination of each.
FSG-in-kind payment - Answer -1. Return of property
2. Replacement of property
3. If the victim agrees services rendered to the victim or to a person organization other than the victim
FSG - Remedial Orders - Answer -RO as part of Probation can require organization to remedy harm and
eliminate or reduce the risk the offense will cause future harm. If future harm can be reasonably
estimated then court can require the organization to create a trust fund sufficient to address that
expected harm.
FSG-Community Service - Answer -An organization can perform community service only by employing
it's resources or paying it's employees or others to do so.
FSG-Compliance and ethics program. 4 factors to consider in meeting requirements - Answer -A).
Applicable Government Regulation and Industry Practice
B).Size of the organization
C).Recurrence of similar misconduct
FSG-Small Organization - Answer -<200 employees
FSG-Pervasiveness under subsection b. - Answer -Case specific, depends on number and degree of
responsibility, of individuals within substantial authority personnel who participated in,condoned, or
were willfully ignorant of the offense.
Obstruction does not apply to - Answer -Individuals hiding from organization
5 most important federal fraud and abuse laws - Answer -*False Claims Act (FCA)
*Ant - kickback Statute (AKS)
*Physician Self-referral *Law (Stark I II III )
*Exclusion Authorities
*Civil Monetary Penalties Law (CMPL)
Stark - designated health services (DHS) - Answer -*labs
CORRECT
Chapter 8 Federal Sentencing Guidelines (FSG) - Answer -Guidelines and policy in this section apply to
sentencing in federal criminal prosecution when the convicted defendant is an organization
FSG- 4 factors that increase ultimate punishment of an organization - Answer -1.Involvement in or
tolerance of criminal activity
2.Prior history of the organization
3.The violation of an order
4.The obstruction of justice
FSG- The two factors that mitigate the ultimate punishment of an organization - Answer -1.The existence
of an effective compliance and ethics program
2. Self-reporting,cooperation, or acceptance of responsibility
FSG - The 4 general principles - Answer -1. The court orders the organization to remedy harm caused by
the offense.
2.If the organization operated primary for a criminal purpose or primarily by criminal means the fine
should divest it of all assets.
3. Fine based on seriousness and culpability (6 factors)
4. Probation is appropriate when needed to ensure another sanction is fully implemented or to ensure
steps will be taken to reduce likelihood of future offense.
FSG-High-level personnel of the organization - Answer -Individuals who have substantial control over the
organization or who have a substantial role in the making of policy or has substantial ownership interest
FSG-Substantial authority personnel - Answer -Individuals who within the scope of their authority
exercises substantial measure of discretion in acting on behalf of an organization. High-level included in
definition . Examples manager,can negotiate contracts or prices, supervisory authority. No of these
examples is required, determined on a case by case basis.
FSG-Condoned - Answer -If individual knew of the offense and didn't take reasonable steps to prevent or
terminate the offense.
FSG- willfully ignorant of the offense - Answer -If the individual did not investigate the possible
occurrence of unlawful conduct despite knowledge of circumstances that would lead a reasonable
person to investigate.
, FSG-Part B:Methods for remedying harm - Answer -1.Restitution order or probation requiring
restitution.
2.Remedial order or community service when harm would not be otherwise remedied.
FSG Restitution to identifiable victim - Answer -Can be made in lump sum, partial payments at specifed
intervals, in - kind payments or combination of each.
FSG-in-kind payment - Answer -1. Return of property
2. Replacement of property
3. If the victim agrees services rendered to the victim or to a person organization other than the victim
FSG - Remedial Orders - Answer -RO as part of Probation can require organization to remedy harm and
eliminate or reduce the risk the offense will cause future harm. If future harm can be reasonably
estimated then court can require the organization to create a trust fund sufficient to address that
expected harm.
FSG-Community Service - Answer -An organization can perform community service only by employing
it's resources or paying it's employees or others to do so.
FSG-Compliance and ethics program. 4 factors to consider in meeting requirements - Answer -A).
Applicable Government Regulation and Industry Practice
B).Size of the organization
C).Recurrence of similar misconduct
FSG-Small Organization - Answer -<200 employees
FSG-Pervasiveness under subsection b. - Answer -Case specific, depends on number and degree of
responsibility, of individuals within substantial authority personnel who participated in,condoned, or
were willfully ignorant of the offense.
Obstruction does not apply to - Answer -Individuals hiding from organization
5 most important federal fraud and abuse laws - Answer -*False Claims Act (FCA)
*Ant - kickback Statute (AKS)
*Physician Self-referral *Law (Stark I II III )
*Exclusion Authorities
*Civil Monetary Penalties Law (CMPL)
Stark - designated health services (DHS) - Answer -*labs
