HCCA CHC Exam/ HCCA CHC Practice
Exam/ HCCA CHC Study Guide | 700+
Questions and Verified Answers| 2023/ 2024
QUESTION
FSG - 4 Aggravating Factors to a culpability score
Answer:
1. Willfully Ignorant - If an upper level employee has "participated in, condoned, or was
willfully ignorant of the offense", involvement or tolerance in criminal activity
2. Prior history of misconduct - the violation is a repeat offense
3. Violation of an order or condition of probation
4. Obstruction of Justice - If the government was hindered during its investigation
QUESTION
FSG - 2 Mitigating Factors to a culpability score
Answer:
1. Effective compliance program - If the organization had an effective compliance program, even
though there was a violation (less 3 points)
2. Self-reporting - If the organization reported the violation promptly, Cooperation - If
cooperated with the government investigators, and Acceptance - If accepted responsibility for the
violation (less 5 points)
QUESTION
FSG - individual "condoned" means:
Answer:
If the individual knew of the offense and did not take reasonable steps to prevent or terminate the
offense.
For instance:
Employer knowingly condoned the negligent conduct of its employee, OR
Employer "actively and knowingly participated" in the negligent conduct
,QUESTION
FSG - "Willfully Ignorant of the Offense" means:
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
QUESTION
FSG - Part B: Methods for remedying harm
Answer:
1. Restitution order or probation
2. Remedial order or community service
QUESTION
FSG - Remedial Orders, what's its purpose?
Answer:
Purpose of Remedial Order is part of probation to remediate harm already occurred and eliminate
risk. If future harm can be estimated, court can require organization to create a Trust Fund to
address it.
QUESTION
FSG - Community Service - what was this designed for?
Answer:
Community service may be ordered as a condition of probation where such community service is
reasonably designed to repair the harm caused by the offense. Organization can perform
community service only by employing its resources or paying its employees to do so
,QUESTION
FSG - Restitution of Identifiable Victim
Answer:
Return of property; pay back victim for losses as determined by the court.
Can be made in lump sum, partial payments, in-kind payments or combination.
Ref: 18 U.S. Code § 3663A18 U.S.C. § 3663A(c)(1)(A)(ii)
QUESTION
FSG - in-kind payment may be in the form of:
Answer:
1. return of property
2. replacement of property
3. if victim agrees, services rendered to victim, person, organization
QUESTION
What does Chapter 8 of Federal Sentencing Guidelines apply to?
Answer:
Guidelines and policy in this section apply to sentencing in federal criminal prosecution when
the convicted defendant is an organization.
Ref: https://www.ussc.gov/guidelines/2018-guidelines-manual/2018-chapter-8
QUESTION
Who can impose a CIA (corporate integrity agreement)?
Answer:
The Government
QUESTION
, Corporate Integrity Agreement (CIA) characteristics:
Answer:
• 3-5 year duration
• extensive reporting requirements
• negotiated in order to avoid litigation
• admits no fault or liability
• submits to government for corrective action
QUESTION
What is Willful Neglect and Reasonable Diligence?
Answer:
Willful Neglect - is intentional (reckless) behavior to comply with law
Reasonable Diligence - do what is expected to comply with law
QUESTION
What are the three steps to take when you discover a violation of federal fraud and abuse laws?
Answer:
1.Clarify and confirm potential fraud
2.Consult with health care attorney
3.Decide where to disclose the conduct.
QUESTION
True or False:
Enforcement isn't just about discipline, positive reinforcement encourages support and help
correct non-compliant behavior.
Answer:
True.
Incentives such as recognized parking space for the month or newsletter recognition also
reinforces positive feedback
Exam/ HCCA CHC Study Guide | 700+
Questions and Verified Answers| 2023/ 2024
QUESTION
FSG - 4 Aggravating Factors to a culpability score
Answer:
1. Willfully Ignorant - If an upper level employee has "participated in, condoned, or was
willfully ignorant of the offense", involvement or tolerance in criminal activity
2. Prior history of misconduct - the violation is a repeat offense
3. Violation of an order or condition of probation
4. Obstruction of Justice - If the government was hindered during its investigation
QUESTION
FSG - 2 Mitigating Factors to a culpability score
Answer:
1. Effective compliance program - If the organization had an effective compliance program, even
though there was a violation (less 3 points)
2. Self-reporting - If the organization reported the violation promptly, Cooperation - If
cooperated with the government investigators, and Acceptance - If accepted responsibility for the
violation (less 5 points)
QUESTION
FSG - individual "condoned" means:
Answer:
If the individual knew of the offense and did not take reasonable steps to prevent or terminate the
offense.
For instance:
Employer knowingly condoned the negligent conduct of its employee, OR
Employer "actively and knowingly participated" in the negligent conduct
,QUESTION
FSG - "Willfully Ignorant of the Offense" means:
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
QUESTION
FSG - Part B: Methods for remedying harm
Answer:
1. Restitution order or probation
2. Remedial order or community service
QUESTION
FSG - Remedial Orders, what's its purpose?
Answer:
Purpose of Remedial Order is part of probation to remediate harm already occurred and eliminate
risk. If future harm can be estimated, court can require organization to create a Trust Fund to
address it.
QUESTION
FSG - Community Service - what was this designed for?
Answer:
Community service may be ordered as a condition of probation where such community service is
reasonably designed to repair the harm caused by the offense. Organization can perform
community service only by employing its resources or paying its employees to do so
,QUESTION
FSG - Restitution of Identifiable Victim
Answer:
Return of property; pay back victim for losses as determined by the court.
Can be made in lump sum, partial payments, in-kind payments or combination.
Ref: 18 U.S. Code § 3663A18 U.S.C. § 3663A(c)(1)(A)(ii)
QUESTION
FSG - in-kind payment may be in the form of:
Answer:
1. return of property
2. replacement of property
3. if victim agrees, services rendered to victim, person, organization
QUESTION
What does Chapter 8 of Federal Sentencing Guidelines apply to?
Answer:
Guidelines and policy in this section apply to sentencing in federal criminal prosecution when
the convicted defendant is an organization.
Ref: https://www.ussc.gov/guidelines/2018-guidelines-manual/2018-chapter-8
QUESTION
Who can impose a CIA (corporate integrity agreement)?
Answer:
The Government
QUESTION
, Corporate Integrity Agreement (CIA) characteristics:
Answer:
• 3-5 year duration
• extensive reporting requirements
• negotiated in order to avoid litigation
• admits no fault or liability
• submits to government for corrective action
QUESTION
What is Willful Neglect and Reasonable Diligence?
Answer:
Willful Neglect - is intentional (reckless) behavior to comply with law
Reasonable Diligence - do what is expected to comply with law
QUESTION
What are the three steps to take when you discover a violation of federal fraud and abuse laws?
Answer:
1.Clarify and confirm potential fraud
2.Consult with health care attorney
3.Decide where to disclose the conduct.
QUESTION
True or False:
Enforcement isn't just about discipline, positive reinforcement encourages support and help
correct non-compliant behavior.
Answer:
True.
Incentives such as recognized parking space for the month or newsletter recognition also
reinforces positive feedback
