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 ignor
ant 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 violati
on (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 termi
nate the offense.
For instance:
Employer knowingly condoned the negligent conduct of its employee, OR E
mployer "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 kn
owledge 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 eli
minate risk. If future harm can be estimated, court can require organization to create a Tr
ust 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 ser
vice is reasonably designed to repair the harm caused by the offense. Organization can pe
rform community service only by employing its resources or paying its employees to do s
o
,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.- §- 36-
63A(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- w-
hen- 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- la-
ws?
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- re-
inforces- positive- feedback