Compliance 101 Exam Questions and Answers
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compliance program - ✔✔prevention, detection, collaboration, and enforcement
Effective compliance program - ✔✔must be an ongoing process and commitment to an ethical way of
conducting business
Office of Inspector General and Justice Department - ✔✔is responsible for enforcing the rules and
regulations under the Medicare and Medicaid laws outline as part of the SSA by CMS.
Benefits of compliance program addressed by OIG - ✔✔safeguards the organizations' legal responsibility
to abide by applicable laws and regulations.
Corporate Integrity Agreement (CIA) - ✔✔government imposed compliance program
Why compliance programs are essential - ✔✔prevent paybacks, probation, government designed
programs, exclusion, reduce threat of lawsuits from whistleblowers (qui tam).
OIG Top 10 reasons to implement a compliance program - ✔✔demonstrates a strong commitment to
honesty and responsible corporate relations, reinforces employees sense of right and wrong, fulfill legal
duty to payers, cost effective, more accurate view of what is going on, quality of care to clients, provides
procedures to promptly correct misconduct, mitigate any sanction imposed by government.
Health Insurance Portability and Accountability Act of 1996 (HIPAA) - ✔✔a criminal offense to submit
claims based on incorrect codes or medically unnecessary services, and government has the power to
exclude an organization from Medicare/caid and other govt programs.
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Balanced Budget Act of 1997 - ✔✔three strikes and your out clause , requiring permanent expulsion if
found guilty of fraud a third time.
False Claims Act (FCA) - ✔✔empowers the govt to investigate and bring civil action in fraud cases.
Implemented in Civil War to control price gouging.
Qui tam - ✔✔is a whistleblower who brings the fraud to light.
A whistleblower can receive a % of the govt's total award - ✔✔15-25% if DOJ assumes the case or 25-30%
if DOJ declines
To avoid lengthy and expensive litigation, an organization can negotiate a ____________with the govt
admits no fault or liability but does submit to a govt plan for corrective action. - ✔✔CIA
Length of CIAs - ✔✔3-5 yrs with some lasting up to 8 yrs
1984 Congress enacted Sentencing reform act which includes FSG - ✔✔act designed to correct inequities
in federal sentencing and give guidance for assessing fines and methods for calculation of culpability
score.
The culpability score - ✔✔calculation of the degree of blame or guilt used to determine fines, restitution,
forfeiture, and probation.
If an upper level employee has participated in or was willfully ignorant of an offense, - ✔✔the likelihood
of culpability score will be increased.
If an organization reports a violation promptly, - ✔✔the culpability score may be mitigated.
An aggravating factor in FSG - ✔✔is that the organization has had a repeated offense
A mitigating factor for FSG - ✔✔is that the organization cooperated with the govt investigators
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