In this five-part podcast series, sponsor by Affiliated Monitors, Inc., I visit with Jesse Caplan, Managing Director at AMI on emerging issues in healthcare compliance and monitoring. Healthcare provider organizations and practices face many different types of potential regulatory and liability risks and we explore several of them in this series. In this first episode we focus on the risks posed by opioid prescribing. We consider what are the risks to providers and health care organizations from opioid prescribing? What has been the response of the Department of Justice? What are legislators and regulators doing to address the opioid crisis? The legal and regulatory framework impacting opioid prescribing? What should be the primary compliance concerns for healthcare organizations in connection with the opioid crisis?
Vince Walden has posited that “the black box is dead”. He meant that there is no single tool to use to identify high-risk transactions, customer, employees or third parties. Yet, it is now even easier to ask big insightful questions from your data. Every compliance professional should embrace this.
Properly seen, compliance is a business process. As such you should keep in mind certain queries, such as:
- What are the company’s high compliance and ethics risks?
- Who within the organization is responsible for managing these risks?
- What controls are in place to manage these risks?
- Are these controls working? Are they effective?
- How do you know (or not) this?
The key is that through greater data mining and asking more insightful questions of that data you can truly move from a reactive-detect mode to a proactive-prescriptive mode.
Three key takeaways:
- The black box is dead.
- What is driving your risk scoring?
- Compliance as a business process must be driven by data.
Welcome to the newest addition to the Compliance Podcast Network, Compliance and Coronavirus. As the Voice of Compliance, I wanted to start a podcast which will help to bring both clarity and sanity to the compliance practitioner and compliance profession during this worldwide health and healthcare crisis. In this episode, I am joined by Los Angeles entertainment lawyer Gordon Firemark. We explore the force majeure clause which appears in almost every contract, how it works and what you need to do for invoke it.
Check out the Law Offices of Gordon Firemark website here.
Check out the Firemark Enterprises website here.
For additional reading see Gordon’s blog post A new look at the old standard ‘Force Majeure’ clause
This podcast is sponsored by SAI Global. To learn how you can protect your business operations and workforce during these uncertain times, visit saiglobal.com/risk for free resources, expert guidance, and industry-leading technology.
Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.
In this episode of Great Women in Compliance, Mary speaks with Monica Lopez Reinmiller. She is Managing Corporate Counsel-Compliance at T-Mobile.
Monica Lopez Reinmiller has a busy and wide-ranging portfolio at T-Mobile. This hasn’t stopped her from taking a Compliance 2.0 approach to her work. Monica shares some key considerations for building out a Conflicts of Interest program as well as her thoughts on enhancing a supplier compliance program. We address the relative lack of discussion on supply chain risks and put a call out to listeners for guest speakers who have advanced supplier compliance programs and can join a future panel on best practices and lessons learned in this area. Mary has a special interest in the controls McDonalds has put in place so if you know someone – hook a girl up!
In the telecommunications sector there are some risks unique to the industry. Monica sheds light on some of the current considerations for companies in her space and how Huawei and ZTE considerations impact her work.
Monica shares her household’s experience during the COVID-19 enforced hibernation and tips for parents educating and caring for kids at home while working. Mary and Monica also reflect on lessons learned from reverse mentoring and things they wish they had known earlier in their careers.
Join the Great Women in Compliance community on LinkedIn here.
Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this podcast Matt Kelly and Tom Fox take a deep dive into the recently released SEC enforcement action against ENI involving FCPA violations, which was released just before 5 PM on Friday April 17.
Some of the highlights include:
- What were the background facts?
- What is the standard a parent has over a subsidiary for FCPA violations?
- What were the internal controls violations?
- What were the books and records violations?
- What are the lessons learned for the compliance professional?
- Did the fact that ENI was a recidivist make any difference?
Resources
Matt Kelly blog post, ENI Settles FCPA Case for $24.5 Million
Tom Fox blog post, Recidivist ENI
Join Convercent’s Philip Winterburn and Tom Fox, the Compliance Evangelist for another episode of The Ethics Movement. In this episode, we explore how whistleblowing is having another moment in the spotlight thanks to coronavirus. So how do you prepare for the complaints that are almost certain to come? Philip and Tom break down the concept of organizational justice and the tactical approach to a whistleblower game plan.
Russ Berland, CCO at Aventiv Technologies, chats with Tom Fox about how his team is managing the current COVID-19 crisis, and his role as CCO in particular.
Crisis Management In The COVID-19 Crisis
Tom comments that crisis management should always be at the forefront for every CCO. He asks Russ to share how Aventiv is managing the current crisis. Russ is proud of his company’s proactive and successful response to the crisis. He manages the company’s enterprise risk management system, part of which is their risk register. A pandemic is one of the events on that register. As soon as the CDC announced that COVID-19 could become an issue for businesses, their team created a formal risk management plan that included “a list of all the people who are going to be part of the response team and all the actions they could take and what the elements were that would trigger the plan. That was written, circulated, approved and was ready to go several days before we needed it,” Russ says. The operational team now uses this oversight and governance document to execute the company’s response. Russ comments that this shows that risk and compliance “can look and see what’s coming, can prepare a way of dealing with it and then start the process.”
The CCO’s Role
Russ says that as CCO, he has two additional roles during this crisis. The first is to see the risks that might come up because of the crisis. The second is to make sure that other risks unrelated to the crisis, are also being addressed. “Crisis management is just risk management,” Russ says. “You just do it in a different time frame.”
Resources
Aventiv Technologies
Consider again the use of big data, this time to facilitate continuous improvement. Alistair Croll, in an eBook entitled “Planning for Big Data” published by O’Reilly Radar, informs this discussion of continuous improvement in a best practices compliance program. Croll believes that big data will allow continuous improvement through the “feedback economy.” This is a step beyond the information economy because you are using the information that you have generated and collected as a source of information to guide you going forward. Information itself is not the greatest advantage but using that information to prevent, detect and remediate in a compliance program going forward is.
The three prongs of any best practices compliance program are prevent, detect and remedy. Whether you consider the OODA loop or the big data supply chain feedback, this process, coupled with the data that is available to you should facilitate a more agile and directed compliance program. The feedback components allow you to make adjustments literally on the fly. If that does not meet the definition of continuous improvement, I do not know what does.
Three key takeaways:
- Use big data to continuously improve your compliance program.
- The OODA loop is an excellent way to think about using data to continuously improvement.
- Always remember the human element.
Welcome to the newest addition to the Compliance Podcast Network, Compliance and Coronavirus. As the Voice of Compliance, I wanted to start a podcast which will help to bring both clarity and sanity to the compliance practitioner and compliance profession during this worldwide health and healthcare crisis. In this episode, I am joined by Fizza Khan, founder and CEO at Silver Regulatory Associates. We consider issues relating to financial institutions and the financial services industry during the time of the coronavirus health crisis.
Check out the Silver Regulator Associates website here.
This podcast is sponsored by SAI Global. To learn how you can protect your business operations and workforce during these uncertain times, visit saiglobal.com/risk for free resources, expert guidance, and industry-leading technology.