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May 2016
FINANCIAL PERSPECTIVES
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employee or asked to interview the
employee about possible unethical or
illegal conduct relating to the facility?
• While employed with the company,
did the employee or any family member
own, operate, invest in, assist, or
otherwise have an interest in any
company or enterprise which competes
with or does business in the healthcare
industry?
Page 15
is crucial because that knowledge may be
imputed to the employer in litigation. Thus,
it is imperative to learn what employees
in reimbursement-related positions know
before they leave the facility’s employ.
Ascertaining the Possibility for Litigation
An employer should not overlook the use of
the exit interview as a tool to explore general
• Reason(s) for leaving. If the individual
was terminated, it is crucial to examine
his or her understanding of the events
leading to the termination. A similar
inquiry should be made if the departing
employee was subject to disciplinary
action.
• Beliefs concerning whether appropriate
opportunities for advancement were
The above list is by no means exhaustive.
The list should be expanded to address
areas of concern for an employer; it should
also be tailored to address the employment
circumstances of each departing individual.
Employees in coding or billing departments
provide but one example of the importance
of the exit interview.
Because those
employees are directly involved with issues
of reimbursement, they have a hand in
creating the documents that are submitted
to the government for payment. If these
documents contain false information or
statements, they may provide the basis for
litigation under the False Claims Act. A civil
action for a false claim will include, among
other things, inquiry into an institution’s
awareness of government billing policies
and requirements, as well as an examination
of an institution’s own billing practices and
policies. The knowledge possessed by an
employee involved with reimbursement
facets of the employment relationship.
Discussion with a departing employee will
enable an entity to identify and assess the
possibility for civil litigation stemming
from that individual’s employment. This
litigation can take many forms, but
employers should be especially sensitive to
the possibility that a departing employee
may be harboring a claim of employment
discrimination or harassment. To that
end, the exit interview should focus on an
individual’s:
available.
• Comments concerning the level of pay
and provision of other benefits.
• Overall assessment of working
conditions, including the workplace
“dynamic” and interactions with
supervisors and peers.
Healthcare institutions should also use
the exit interview to learn more about
an individual’s assessment of workplace
quality. Thus, topics that should be raised
and discussed during an exit interview
include an employee’s opinion of the
supervision he or she received, evaluation
of the effectiveness of training, likes and
dislikes about the institution and/or its
policies, recommendations for change in
the workplace, and overall assessment of
working conditions.
Applying Information Learned
If the exit interview reveals that an
employee encountered no illegal or
unethical practices, the form used and notes
made during the interview should be placed
in the departing employee’s personnel file.
If, on the other hand, the interview reveals
that an employee may have witnessed illegal
or unethical practices, or if information is
uncovered which suggests that a departing
employee has a complaint of harassment or
discrimination, counsel should be notified
immediately. An investigation must follow
in order to diffuse the situation, assess
whether the employee has viable claims,
plan for the possibility of litigation, and
preserve testimony and documents, should
litigation ensue.
Information uncovered during an exit
interview simply cannot be ignored, and
statements made by departing employees
must be taken seriously. Using the exit
interview to monitor the potential for
wrongdoing, unethical behavior, unsafe or
unsound business practices, and litigation
will help the healthcare employer run a
more efficient facility. t
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