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CHC EXAM 2024 LATEST STUDY GUIDE WITH VERIFIED ANSWERS
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CHC EXAM 2024 LATEST STUDY GUIDE WITH VERIFIED ANSWERS
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Page 1 of 43CHC EXAM 2024 LATEST STUDY GUIDE 2024-2025
WITH VERIFIED ANSWERS
FSG- The two factors that mitigate the ultimate punishment of an
organization - answer-1.The existence of an effective compliance and
ethics program
2. Self-reporting,cooperation, or acceptance of responsibility
FSG - The 4 general principles - answer-1. The court orders the
organization to remedy harm caused by the offense.
2.If the organization operated primary for a criminal purpose or primarily
by criminal means the fine should divest it of all assets.
3. Fine based on seriousness and culpability (6 factors)
4. Probation is appropriate when needed to ensure another sanction is
fully implemented or to ensure steps will be taken to reduce likelihood of
future offense.
FSG-High-level personnel of the organization - answer-Individuals who
have substantial control over the organization or who have a substantial
role in the making of policy or has substantial ownership interest
Chapter 8 Federal Sentencing Guidelines (FSG) - answer-Guidelines and
policy in this section apply to sentencing in federal criminal prosecution
when the convicted defendant is an organization
FSG- 4 factors that increase ultimate punishment of an organization -
answer-1.Involvement in or tolerance of criminal activity
2.Prior history of the organization
, Page 2 of 43
3.The violation of an order
4.The obstruction of justice
FSG-Substantial authority personnel - answer-Individuals who within the
scope of their authority exercises substantial measure of discretion in
acting on behalf of an organization. High-level included in definition .
Examples manager,can negotiate contracts or prices, supervisory
authority. No of these examples is required, determined on a case by case
basis.
FSG-Condoned - answer-If individual knew of the offense and didn't take
reasonable steps to prevent or terminate the offense.
FSG- willfully ignorant of the offense - 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.
FSG-Part B:Methods for remedying harm - answer-1.Restitution order or
probation requiring restitution.
2.Remedial order or community service when harm would not be
otherwise remedied.
FSG Restitution to identifiable victim - answer-Can be made in lump sum,
partial payments at specifed intervals, in - kind payments or combination
of each.
FSG-in-kind payment - answer-1. Return of property
2. Replacement of property
, Page 3 of 43
3. If the victim agrees services rendered to the victim or to a person
organization other than the victim
FSG - Remedial Orders - answer-RO as part of Probation can require
organization to remedy harm and eliminate or reduce the risk the offense
will cause future harm. If future harm can be reasonably estimated then
court can require the organization to create a trust fund sufficient to
address that expected harm.
FSG-Community Service - answer-An organization can perform
community service only by employing it's resources or paying it's
employees or others to do so.
FSG-Compliance and ethics program. 4 factors to consider in meeting
requirements - answer-A). Applicable Government Regulation and
Industry Practice
B).Size of the organization
C).Recurrence of similar misconduct
FSG-Small Organization - answer-<200 employees
FSG-Pervasiveness under subsection b. - answer-Case specific, depends
on number and degree of responsibility, of individuals within substantial
authority personnel who participated in,condoned, or were willfully
ignorant of the offense.
Obstruction does not apply to - answer-Individuals hiding from
organization
, Page 4 of 43
5 most important federal fraud and abuse laws - answer-*False Claims
Act (FCA)
*Ant - kickback Statute (AKS)
*Physician Self-referral *Law (Stark I II III )
*Exclusion Authorities
*Civil Monetary Penalties Law (CMPL)
Stark - designated health services (DHS) - answer-*labs
*PT,OT,Outpatient Speech/Language Pathology
*Radiology, some other imaging
*Radiation therapy, supplies
*DME
*Parenteral enteral nutrients supplies
*Prosthetic Orthotic supplies devices
*Home Health services
*Outpatient Rx drugs
*Inpatient and Outpatient Hospital Services
Stark - strict liability - answer-Proof of intent not required to prosecute
Stark - answer-Prohibits physicians from referring patients to receive
DHS payable by Medicare or Medicaid from entities with which the
physician or immediate family member has a financial relationship unless
an exception applies.
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