While I was home on a beautiful April day, I had a noon visit from the FBI and OIG, about a DOJ investigation of the Medicare Advantage Plan that I was working as a consultant for. I was conducting a "mock" RADV audit for the plan. A month later, the company suspended the RADV audit program that I was conducting and I was left without a job. I believe that there was a whistleblower who was using my audit results as a basis for his complaint.
With regard to the “Crown Vic” article by Mr. Glaser, if an employee or physician is visited at their home…while the agents are at their door can an aware employee flatly state that they have nothing to say and if the agents wish to pursue this inquiry further they can do so at their ( the employee’s ) place of work with legal counsel present ? Is it likely the agents would then respond that they have to “take the employee down town” ; or place them under arrests if they don’t speak with them at their home ?
RACmonitor e-news contributing editor and healthcare attorney David Glaser, who authored the story, responds:
You are absolutely correct that an employee can say that they don’t wish to talk. That is exactly the advice I give to organizations. The organization can’t tell employees they CAN’T talk to the agents, but it is fine to tell employees that they have the right to refuse to speak with agents.
The only way that the agent would have the authority to take the employee downtown is if there were some basis to arrest the employee, meaning that the employee is a perpetrator of the fraud. I have not had that happen yet in my career. That is not something that employees really need to worry about; the agents can’t arrest someone for refusing to talk. Since so many employees have seen so many cop shows, they are undoubtedly worried about this. Preventive education is the way to go.
If you have more concerns or questions about a Crown Vic that might show up in your driveway, let me know. -CB