Home Health & Hospice Week

Don't wait until investigators come knocking to wonder whether your employees know their rights when being interviewed.

There's no question that government investigation of home care providers is on the rise. And federal authorities might not play fair when it comes to interviewing your top executives or other employees.

In investigations, "the government often seeks to conduct 'ambush interviews' of individuals who are the targets of the investigation or who may have relevant information," warns law firm K&L Gates in a new article on its website. "These encounters are planned to reduce the possibility that the executive will be able to consult legal counsel or contact business colleagues for advice and guidance. Often, the government attempts to interview the executive at home during the evening or on the weekend."

When targets are interviewed in front of family or friends with accusations either stated or implied, they often will become flustered and give inaccurate information. "There will not be an opportunity for preparation or reflection, which is critical especially where the questions focus on activity that is detailed, has faded in the witness's memory, or was not deemed very significant when it occurred," the law firm notes.

Bottom line: "The information conveyed can adversely affect both the executive and the company," the law firm stresses. "This is a very successful tactic for the government, and is employed in nearly every type of investigation."

Smart providers will train employees on how to handle such interviews. You may want to make it part of your compliance training, K&L Gates suggests.

Key: The most important thing may be to stress that employees have the right to postpone interviews and consult legal counsel, the firm says.