In audits and investigations, providers are often encouraged to “cooperate.” That expectation is well-founded. In many cases, a thoughtful and timely response helps establish credibility and can influence how a matter is approached.
At the same time, cooperation is not simply a matter of providing as much information as possible, as quickly as possible. It requires an understanding of what is being asked, why it is being asked, and how the response may be interpreted in a broader context.
Initial responses are often made with the intent to be transparent and helpful. At that point, however, the scope of the inquiry is not always clear. Without a deliberate approach, those responses can shape the direction of the review in ways that are not always intended. Conversely, a lack of responsiveness or organization can create its own concerns. Regulators often view the manner of engagement—not just the substance—as an indicator of credibility. The issue, therefore, is not whether to cooperate, but how to do so in a way that is accurate, consistent, and aligned with the underlying facts. This balance requires careful analysis, clear strategy and a deliberate approach to what is produced, how it is presented, and when additional information is appropriate.
If you are responding to an audit or inquiry, or anticipating one, we are available to discuss and you may reach our experienced healthcare attorneys at (212) 668-0200 or via email at info@mdrxlaw.com.
