However, if the practice proceeds through legal counsel as part of its own compliance initiatives, it may be successful in invoking the attorney-client privilege. In such circumstances, the government may be required to subpoena the practice directly, which would put the practice on notice at a much earlier point in an investigation. Ultimately, the same records and reports may be turned over to the government, but the potential for application of the attorney-client privilege may force the government to proceed in a different manner. Implementing compliance initiatives may also help a practice protect itself from whistle-blower suits, also known as qui tam suits. These are suits brought by, or with the help of, private individuals who have an incentive because they get a percentage of the recovery, if any.
Disgruntled employees are often the source of qui tam litigation.
This could potentially harm the qui tam suit or be considered a mitigating factor under the guidelines. Practices should consider implementing such inquiries on a formal, written basis as part of employee annual evaluations. As far as I'm concerned, the protection and benefits physicians can get from compliance planning is right up there with malpractice insurance.