Distance Learning

From Internal Investigation to Cultural Change: The In-House Attorney's Role in Investigating and Restructuring in the AMC Setting (Intermediate) - On Demand Recording

Recorded On: 10/30/2015

Time: 75 minutes
Format: On Demand Recording

Diverse governance structures, decentralized chains of command, and complex hierarchies coupled with heavily-regulated activities make internal investigations at teaching hospitals and academic medical centers (AMCs) inherently complicated. To compound matters, AMCs often charge multiple people with monitoring, investigating and auditing regulatory compliance, and correcting problems – some with privilege (chief legal officer) and some without (compliance officer, risk managers, and medical quality officers). This all presents unique legal and operational challenges for the in-house attorney.

In addition to these significant challenges, many investigations ultimately reveal chronic structural problems that require cultural and operational change. As a result, in-house attorneys will necessarily find themselves bridging the gap between the internal investigation and the organizational solution.

This program provides an overview of the larger role in-house attorneys serve leading internal investigations and helping to develop organizational solutions. To prevent the same issues from resurfacing, the in-house attorney serves as the nexus between the investigation and meaningful resolution of underlying root causes. This involves team building, navigating internal politics, and aligning internal interests and goals with key stakeholders.

Serving in this role, in-house attorneys representing AMCs and their various constituents (teaching hospitals, faculty practice plans, research programs, and other affiliates) must be mindful of a variety of issues and must take an expansive view of and flexible approach to the possible problems underlying them. Looking at common issues confronted by AMCs and taking into account recent case law, the program will explore issues relating to:

  • Evolving areas of fraud and abuse risk for teaching hospitals and AMCs;
  • Defining purpose and scope of an investigation;
  • Maintaining privilege and confidentiality;
  • Managing the interplay between legal and compliance departments;
  • Addressing internal whistleblowers;
  • Managing communications and politics, both internal and external;
  • Building the right teams for both investigating and solving the problem, and using outside counsel effectively;
  • Aligning internal interests and goals with key stakeholders;
  • Managing litigation and enterprise risk; and
  • Making cultural and structural changes.

Level of Difficulty: Intermediate

Intermediate-level programs generally offer focused discussions regarding common legal issues pertaining to the program topic. Intermediate programs include legal updates and changes in the law. Speakers will assume the audience has a working knowledge of this specialty of health law, and there will be limited review of the fundamentals. This program is designed to provide a targeted, comprehensive analysis of the subject matter for those practicing law in this specialty for three to seven years and/or those whose practice is periodically focused in the covered subject area.

  • AHLA Member: $50
  • Non-AHLA Member: $75

Sponsoring Practice Group:

  • Academic Medical Centers and Teaching Hospitals Practice Group

Co-Sponsoring Practice Groups:

  • Fraud and Abuse Practice Group
  • Health Care Liability and Litigation Practice Group
  • Hospitals and Health Systems Practice Group
  • In-House Counsel Practice Group
  • Physician Organizations Practice Group

​Carl Bergetz

Deputy General Counsel

Associate Vice President, Legal Affairs
Rush University Medical Center
Chicago, IL

​Colleen Shannon

Chief Compliance Officer and Privacy Officer

Duke University Health System
Durham, NC

​Katharine Conklin Struck

Senior Associate General Counsel

Associate Vice President, Legal Affairs
Rush University Medical Center
Chicago, IL

​Marilyn May (Moderator)

Counsel

Arnold & Porter LLP
Washington, DC
Bio

On-Demand+CLE Webinars

On-Demand+CLE webinars are eligible for Continuing Legal Education (CLE) credit and are approved in every state with mandatory CLE requirements for attorneys unless otherwise specified. Please refer to the Distance Learning CLE State Chart for details regarding specific state guidelines.

On-Demand Webinars

Offerings designated as “On-Demand" differ from those designated as “On-Demand+CLE" in that they are CLE-ineligible. However, CLE credit may be obtained by applying directly to the attorney's state accrediting body, but approval is not guaranteed and is at the discretion of said accrediting body and subject to its rules and regulations. Please refer to the Distance Learning CLE State for details regarding specific state guidelines.

Other, Non-CLE Credits

AHLA On-Demand+CLE webinars are only approved for CLE credits unless otherwise stated. To obtain other credit types (Continuing Professional Education, Compliance Certification Board, Nursing Home Administrator, etc.) participants may apply directly their desired licensing body, but approval is not guaranteed and is at the discretion of said licensing body and subject to its rules and regulations.

For additional information about Distance Learning-related credits, please email the Practice Groups staff at pgsce@healthlawyers.org.

It is recommended that you use a high speed/broadband internet connect (Wifi is not recommended), a PC with Windows and Internet Explorer 9.0 or higher. If you are using a Mac, please use the Safari web browser.