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  • Product id  :  IQW15C8528

    Parallel Investigations in Health Care: Parallel Criminal and Civil Investigations

: Mark Brengelman
: Wednesday, April 26, 2017 | 10:00 AM PDT | 01:00 PM EDT
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: 60 Mins
: Intermediate
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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. Yet these matters can come about in separate, but related ways. First, a health care practitioner may be under investigation for civil wrongdoing and violations of applicable state law. Second, the same health care practitioner 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. The government does not have to choose between the two alternatives. 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 likely suffers a fatal blow to his or her professional practice and career.
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 parallel civil and criminal investigations target health care practitioners where the government has two, separate investigations on-going.  
Each investigation has vastly different consequences – civil money penalties with licensure consequences for on, 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.  
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. Review the different standards and rights of the accused under investigation by the state against an individual health care practitioner.
  • 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
  • Defenses to the use of evidence in a civil proceeding gained in a criminal proceeding, and vice-versa
  • Case law review of applicable health care fraud cases resulting from parallel civil and criminal proceedings
  • Attorneys at Law
  • Hospital Administrators
  • Health Care Facility Managers
  • Government Employees
  • Physician and Medical Office Managers
Mark R Brengelman has 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 health care in a wide variety of contexts.
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, he 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.
Mr. Brengelman is a frequent participant in continuing education and has been a presenter for over twenty national and state organizations and private companies, including webinars and in-person seminars. These national and state organizations include the Kentucky Bar Association, the Kentucky Office of the Attorney General, and the National Attorneys General Training and Research Institute.

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