Employee Response to

Government Investigation

Compliance Policy #914

It is the policy of Boulder Community Hospital to fully cooperate with any government investigation.  This policy sets forth your rights and responsibilities as an employee of Boulder Community Hospital if you are ever
contacted directly by a government investigator.

PURPOSE

Sometimes employees of Boulder Community Hospital and other medical service providers are contacted directly by government investigators during the course of an investigation.  An investigator could show up at your home or place of business and ask to speak with you about an investigation.  Sometimes these visits occur at odd hours of the day or night.  The following employee response policy will help you protect your rights and Boulder Community Hospital's rights if you are ever contacted directly by an investigator.

1. YOU SHOULD ASK FOR IDENTIFICATION.  Ask to see the investigator's badge or other credentials.  Get the investigator's business card or write down his or her name, title, division, address, and phone number.

2. YOU CAN INFORM BOULDER COMMUNITY HOSPITAL OF INTERVIEW REQUEST.  You are
not required to report an investigator's interview request to Boulder Community Hospital.  But if you think the hospital should hear about the interview, we ask you to call your supervisor or the hospital's compliance officer at 303-440-2230.  If you wish, you can do this before speaking to the investigator.  Also if you wish, you may ask the investigator to speak with your supervisor or a representative from our compliance office.

3. SPEAKING WITH THE INVESTIGATOR.  You are under no legal obligation to speak with the investigator.  Boulder Community Hospital is not telling you not to talk to the investigator, only that it is your option.  If you do speak with the investigator, you should realize that you are not under arrest, so the
investigator is not required to read you your legal rights.  If you do give an interview, you are legally obliged to tell the truth.  Even though you are not under oath, you can still be charged with crimes if you lie to or mislead the
investigator during the interview.  Assume that anything you say during the interview can be used against you in court.

4. YOU CAN SCHEDULE THE INTERVIEW.  If you decide to speak with the investigator, you do not have to do it immediately.  You can schedule the interview for any time or location.  Generally, it is better to schedule the interview for a time when you are fresh and a location where you are comfortable.

5. YOU CAN BRING SOMEONE TO THE INTERVIEW.  You have the legal right to bring someone with you to the interview, including an attorney.  To protect your rights during the interview, it is generally good advice to have an attorney present during the interview.

You also have the right to bring a representative of Boulder Community Hospital with you to the interview if you so choose.  While Boulder Community Hospital does not require employees to bring a hospital representative with them to the interviews, we will be glad to send someone with you if you wish. 

6. YOU CAN END THE INTERVIEW WHENEVER YOU WANT.  You have the right to end the interview at any time.  If you believe that the investigator is not respecting your rights, or for any other reason, you can simply end the interview. 

7. YOU CAN REQUEST A TAPE.  You may ask that the interview be taped.  If the investigator tapes the interview, request a copy of the tape.

 8. DO NOT GIVE BOULDER COMMUNITY HOSPITAL RECORDS TO AN INVESTIGATOR WITHOUT A SEARCH WARRANT.  Any hospital records in your possession are the property of Boulder Community Hospital.  If an investigator asks you for records or if he can look for them, ask if he has a search warrant.  IF THE INVESTIGATOR HAS NO SEARCH WARRANT, DO NOT ALLOW HIM/HER TO TAKE (OR VIEW, OR COPY) ANY BOULDER COMMUNITY HOSPITAL RECORDS.  Inform your supervisor or the compliance office of the record request immediately.

 9. YOU MUST ALLOW SEARCH IF INVESTIGATOR PRODUCES A SEARCH WARRANT.  If the
 investigator has a search warrant, you must allow the search to occur.  Takethe following steps:
     a) make a copy of the search warrant
     b) call your supervisor or the compliance office immediately
     c) ask the investigator if you can make copies of the records he is going to take
     d) note the scope of the search warrant and make sure the investigator takes only those records covered by the warrant
     e) prepare a log of all records removed by investigators
     f) if you have any questions about whether the warrant is valid, contact the Compliance Officer or Risk Manager.

10. SPECIAL INSTRUCTIONS IF INVESTIGATOR SHOWS A SUBPOENA.  Sometimes an
investigator will arrive with a subpoena and ask you to turn over Boulder Community Hospital records.  If an investigator shows you a subpoena for records, you do not have to give them to him immediately.  Notify your
supervisor or the compliance office immediately.  Give the subpoena to your supervisor or to the compliance office, who will forward it to the appropriate hospital officer for response.  Follow your supervisor's or the compliance office's instructions.

11. YOU MAY REVIEW YOUR TESTIMONY WITH A SUPERVISOR OR COMPLIANCE OFFICER
AFTER THE INTERVIEW.  Upon completion of your interview with the investigator, you can call your supervisor or the compliance office to schedule a review of your interview.  However, you are not required to review your statements with any employee or officer of Boulder Community Hospital.

12. INVESTIGATOR CANNOT GUARANTEE LENIENCY OR IMMUNITY.  In their efforts to further investigations, investigators sometimes make offers to potential witnesses that they have no legal authority to keep.  This could be an offer of leniency or immunity for anything wrong you may have done in exchange for
talking to the investigator.  You should be aware that an investigator has no legal authority to offer you leniency or immunity from prosecution.  Only a federal or state prosecutor can make a binding deal with a witness.


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