Compliance Perspectives

By Adam Turteltaub Imagine that it’s time to move on from compliance to another role, either by choice or being voluntold. Does what you learned in compliance help? Absolutely, according to Kortney Nordrum, Vice President and Senior Corporate Counsel at Deluxe. Amongst other benefits, it taught her how to break down large issues into more manageable pieces, better identify and manage risks and help deals close, That isn’t to say the transition has come without challenges. She has had to learn to trust others to run compliance and also to be less risk averse. Listen in to learn more about how your compliance skills can help if your career ever takes you to another profession.

By Adam Turteltaub When Garth Jordan learned about the opportunity to lead the SCCE & HCCA, he was excited about the idea of helping to build trustworthy organizations. And, the more he spoke with the board and talked to his peers, the more convinced he was that this was the role for him. Unlike our previous CEOs he came to the association not from compliance, but from the field of association management. He has served in leadership roles for the American Animal Hospital Association, Healthcare Financial Management Association and Medical Group Management Association. As he looked at SCCE & HCCA he saw a great opportunity for growth and greater impact. He tell us in this podcast that he will be focusing on the complete range of things that we do, from publishing to creating events to providing certifications to facilitating networking. Listen in to learn more about him and how he plans on using design thinking to help create a robust future for the SCCE & HCCA.

By Adam Turteltaub What do cupcakes, cookies and compliance training have in common? More than you might think, reports Barbara-Ann Boehler, Senior Director of the Program on Corporate Compliance and Ethics at Fordham University School of Law. She successfully used the act of frosting the treats a part of a compliance learning exercise. It’s a great, if unusual, example of experiential learning, which seeks to teach people by getting the learner to do the thing that they are learning rather than just sitting and listening. A more common example of experiential learning is to create a case study in which the participants play different roles and see how the situation plays out. This interactive approach to learning can be much stickier, figuratively and literally (if you use frosting) with lessons sinking in deeper and discussions lasting long after the session is over. Listen in to learn more but, maybe, eat something healthy first.

By Adam Turteltaub Being a leader is hard. Being a compliance leader is harder. Being a compliance leader in fast-changing times takes it up yet another level, but it’s not impossible. Kim Jablonski, Chief Compliance & Ethics Officer at Bristol Myers Squibb shares that with these challenges it’s important for leaders not to think in static terms but to recognize that the landscape is constantly changing. The transformations include not just new laws and regulations but also new expectations for compliance programs, such as when it comes to taking a more data-driven approach. At the same time, though, some things don’t change. For example, you need to communicate with the workforce the importance of acting with integrity, even when there is business pressure to deliver. That same message should come from leadership as well so that employees see integrity as a part of the culture and behavioral expectations. For their part, compliance leaders, and their teams, need to have a deep understanding of the business and how it works. They must also be flexible with more than one solution to a problem. She also advocates for a collaborative approach. Working together with a wide range of internal teams leads to better outcomes, both from a compliance and business perspective. Most notably of all, she shares an insight that is relatable and very eye opening: We all have obstructed view seats. As she explains, we all only see a part of the picture and need to be mindful that we benefit from the views of others and that bad decisions are often the product of not being able to see the whole panorama before us. Listen in for more eye-opening insights.

By Adam Turteltaub There’s a car pulling up to your facility loaded up with a patient and a trunk full of risk. Non-emergency medical transportation (NEMT) plays an important role in getting elderly and poor patients to their medical appointments and pharmacies. But, explains Colin May, Professor of Forensic Studies and Criminal Justice at Stevenson University, the amount of fraud is exploding. There are cases of billing when service was not provided, trips to facilities that are closed, overbilling, upcoding, overcharging for tolls, and more. Enforcement authorities have been doing more to crackdown on this fraud, but providers need to be on the lookout for a host of schemes, including kickbacks. Frontline employees, he argues, should be trained to look out for questionable, unusual situations that may be the sign that something improper is happening. Technology can also be deployed in areas such as pre-trip screening. Listen in to learn more about this growing problem and what your organization could and should be doing about it.

By Adam Turteltaub Things are a bit out of balance when it comes to Business Associates (BAs) in healthcare. Organizations invest a great deal of time and resources in vetting these third parties to make sure that they will safely handle data from the covered entity. But, when the relationship ends, those same organizations may overlook the risks to their data post-separation. The problem is complex because different BAs will fall under different regulations and use data differently. Some may process but not retain data. Others may have terabytes of your data to return or destroy immediately. For others, there may be a law or regulation requiring them to hold onto that data for several years. The compliance team, explains Marti Arvin (LinkedIn), Vice President, Chief Compliance and privacy Officer at Erlanger Health System, needs to ensure it is part of the process whenever a BA relationship is coming to an end. At that point, it’s time to reach out to the BA to ensure there is a plan in place for how data will be handled, and to begin documenting the process. This helps in case there is an incident later. Listen in to learn more about what you can and should be doing to ensure that the close-out process is as healthy as it should be.

By Adam Turteltaub Ahmed Salim wants you to change how you approach change. An active consultant to the compliance community and Healthcare Compliance & Regulations Adjunct Professor at DePaul University, he is passionate about following a disciplined approach to change management. Not surprisingly then, he’s the author of a new book from the SCCE & HCCA: Mastering Compliance Through Change Management. In this podcast he explains that the concepts behind change management are simple. It contains 8 critical steps: Vision and strategy Building leadership and sponsorship Communications and awareness Training and acceptability building Implementation and reinforcement. Continuous monitoring and improvement Sustaining the change Feedback and adaptation. So what are the keys to success along the way? First, have a vision and strategy you want. Second, get leadership and senior management buy in. Third, effective communication because if people don’t know about the change, what’s the point. Fourth, continuous monitoring to ensure that you are making the progress you want, and if you aren’t why. To all that I would add two more keys: listen in to learn more about how to make change management a part of your compliance program. Then, get your copy of Mastering Compliance Through Change Management.

By Adam Turteltaub As with so many other areas, communication, or a lack of it, can be a big problem when it comes to eDiscovery. Legal doesn’t always adequately communicate what it needs. The business unit doesn’t share information about all the technologies its teams are using to communicate, and compliance may be giving the wrong message as a result. The cure, as Joey Seeber, CEO of Level Legal lays out in this podcast, is making sure that everyone is aware of the issues, the technology and what proper practices look like. That means understanding what platforms are being used for collaboration, and deletion schedules need to be understood and consistent, wherever possible. To understand more about navigating around these problems, and how to find a vendor that will help your efforts, listen in to discover more about eDiscovery.

By Adam Turteltaub On July 10, 2025 the European Commission posted The General-Purpose AI Code of Practice. Unlike the EU AI Act, this new Code of Practice is not compulsory, at least not yet. Still, it seems prudent to start understanding what it says and what expectations are being laid, as well as what the definition of general-purpose AI (GPAI) is. To that end, we spoke with London-based Jonathan Armstrong, Partner at Punter Southall. Jonathan explains that GPAI systems perform generally applicable functions such as image and speech recognition, audio and video generation, pattern recognition, question answering and translation. It is similar to generative AI but is not the same. He then shares that the Code of Practice contains three sections: transparency, copyright, and safety and security. Transparency is a hugely important issues for AI. Organizations need to keep their technical documents related to their AI use current and address topics such as how the AI was designed, the technical means by which it performs functions and energy consumption. Copyright is a significant source of litigation at present. Authors and other content creators see the use of their work by AI engines as a violation. AI developers see the use of those works as furthering a greater good. The Code of Practice sets out measures designed to help navigate these difficult waters. Safety & Security guidance is targeted predominantly at the most impactful GPAI operations. The Code calls for extra efforts to examine cybersecurity and the impact of the technology. This chapter of the document also includes 10 commitments for organizations to make. Listen in to the podcast and then spend some time reviewing The General-Purpose AI Code of Practice. It’s worth seeing where regulations, and perhaps your AI efforts, are going.

By Adam Turteltaub Managing whistleblowers is always a hot topic, and you’ll find it on the agenda at the 2025 SCCE Annual Compliance & Ethics Institute. To provide a preview of what you will see if you join us in Nashville, we sat down with the speakers for the session “Someone Blew The Whistle: Perspectives from Former Whistleblowers, In-House Compliance, and External Investigators”. The speakers in Nahsville, and guests of this podcast, are: Jordan Segall, Senior Counsel, Ethics & Compliance, Xylem John Pease, Partner, Morgan Lewis Andrew Bakaj, Chief Legal Counsel, Whistleblower Aid. In our conversation they share the work Xylem has done to encourage internal whistleblowing. The compliance team’s efforts include not just having a policy but ensuring that it is clearly accessible as well as explaining confidentiality, anonymity, and even investigative standards and processes. The company offers their employees multiple avenues to speak up, including HR, internal audit, the hotline, compliance, and even the audit committee of the board. These efforts are important, the speakers explain, because when whistleblowers go outside and bring a matter to the qui tame bar, typically it’s because they felt that their concerns weren’t taken seriously. To help keep employees from going outside, they offer several recommendations. First, show employees that their concerns are appreciated and will be looked into. Second, explain the investigative process. Third, to the extent possible, provide regular updates. Fourth, clearly communicate what the next steps are. Listen in to learn more, and then be sure to join their session at the Compliance & Ethics Institute in Nashville.

By Adam Turteltaub There’s a lot new going on in healthcare enforcement, and, at the same, there’s a lot that hasn’t changed, reports Greg Demske (LinkedIn), partner at Goodwin Proctor and, formerly, Chief Counsel to the Inspector General at HHS. While the US Department of Justice has changed its priorities in areas such as anticorruption, if you look at what they and the Office of Inspector General (OIG) at Health and Human Services have been doing, he observes, the long-time bipartisan effort to stop fraud in healthcare is continuing. Yet, there are some significant changes. At CMS a major shift has occurred when it comes to Medicare Advantage. In the past there were audits of fifty plans a year, but now the goal is to audit all six hundred or so annually. Backing that up is an expansion in the number of coders from 40 to 2000. This has huge implications both for the plans and providers. Meantime the Department of Justice and HHS have created a False Claims Act Working group to further their efforts. Then, of course, there are qui tam claims, which hit a record high in 2024, and we have dispositions in the courts as well. So what should compliance teams do? He recommends keeping a close eye on what the government is saying to ensure your program is staying ahead of the curve. And, of course, you should listen to this podcast to gain more of his insights from private practice and over 16 years at HHS.

By Adam Turteltaub I live in Los Angeles and was fortunate enough to get through the fires unscathed. Around me, though, were others who were not so fortunate. A cousin and several friends lost everything. After the fires came a cleanup of epic proportions. For Glenn Sweatt, Vice President at ECC, the company charged with remediation at all those burned out lots in Altadena and the Palisades, that’s when the work began. The workforce had to be assembled, contractors brought in, and everyone needed to be trained and trained well, since the company is a federal contractor. Making that all happen required flexibility and agility. The compliance organization, like the company, had to be adaptable to changes in conditions and be responsive to local communities which suddenly, and unhappily, had thousands of trucks running through them. Language had to be considered since Los Angeles is a diverse city. Spanish translations were expected. Hindi turned out to be more common than anticipated. Listen in to learn more about the challenges the compliance team overcame, and, maybe, pick up some tips for how to handle compliance requirements at your organization when things are bad, urgent, and everyone is watching:

By Adam Turteltaub Here’s a little nightmare every compliance officer dreads. You leave your current job for an exciting new one, only to find out that you just walked into a position where the compliance efforts are token at best because the organization’s leadership doesn’t take compliance seriously. In this podcast Mary Shirley, Vice President, Chief Compliance and Privacy Officer, Scion Health, shares what to look for and how to protect yourself if this bad dream becomes your reality. And, for the record, she has not run into this disaster at Scion Health. So, what are the signs there is insufficient commitment? Any or all of the following could be, although generally one or two, she notes, may not be definitive: The title and standing of the top compliance officer is relatively low with little authority The compliance teams is greatly understaffed compared to industry benchmarks (cross-industry, healthcare data), without some compelling reason such as the organization is undergoing financial difficulties There is insufficient or no budget for necessary outside resources A lack of management appetitive for even inexpensive compliance initiatives Lack of support for professional development for the compliance team Compliance not included in major deals or transactions A chief compliance officer with no background in compliance If you find yourself in a situation where the compliance role is not worth keeping, it’s best to determine if there is hope for change or if it is best to leave. Either way, take the time to protect yourself by documenting what you have done and recommended, including what management ultimately decided. To prepare to leave, turn to your network, if you have one. If you don’t have one, it’s time to start building it out. And, regardless of whether you are in a bad situation looking for a better one, or just looking at a potential career move, she advises asking these questions during the interview to determine if the new position is one that is set up for success or failure: What gets people fired around here? It’s a good way to see if there is real and consistent discipline. Can I speak to my predecessor? What would you like to see improved in the compliance program in the next six months? How would you describe the company’s risk appetite? What would the rank and file say about whether leadership is held to the same standards as they are? What deliverables from the compliance team were rewarded? What types of meeting does compliance attend? Does it have a seat at the table? What professional skills development programs were the compliance team sent to or given last year? What is the full-time staffing of the compliance office? What percentage of that is dedicated vs. liaisons? Is there budget for travel for investigations, training, compliance and ethics week activities and other purposes as needed? Listen in to learn more about how to find the right compliance role.

By Adam Turteltaub There is so much hype and drama when it comes to AI, that it’s good to hear the voice of Mujo Vilasevic, Senior Compliance Officer, Raiffeisen Bank International. Contrary to most, he makes the case that the problem with AI is overdramatization. Despite the fears, it’s not going to take over the world or our jobs, as he sees it. So what should be doing when it comes to AI? Educating ourselves is a very good start. Also, look at AI both, as he describes it, outside in and inside out: Look to see where it can be useful for the compliance department and how the business unit is putting it to use. Do so, he advises, recognizing that there is, as of yet, no global regulatory consensus. While laws are emerging, there is still a patchwork out there. However, there are some principles of responsible AI use that do seem to have global relevance. The EU law, for example, is based on the principles of integrity, data confidentiality, consumer data protection, personal data protection and the reliability of data used. Few would argue against them. In sum, he argues for avoiding the easy temptation of fearing the unknown. Instead, learn what you need to know to understand this technology (starting with this podcast), and be prepared for global regulations to provide helpful guardrails.

By Adam Turteltaub It’s time to think bigger when it comes to helpline data. Yes, it’s still important to look at traditional metrics such as the number of calls and the substantiation rate. But, there is so much more that can be done. Justin Ross, Vice President, Chief Compliance Officer at Sysco and Carrie Penman, Chief Risk and Compliance Officer at NAVEX will be addressing what you can do with your helpline data during their 2025 SCCE Compliance & Ethics Institute session “Numbers That Matter: Moving Beyond Hotline Data to Identify and Build an Ethical Workplace.” For one, they encourage compliance officers to think about whom they are sharing the data with. What the board, management and others will want to see is likely to be different. As a result, it’s important to tailor your reporting accordingly. Second, they argue in this podcast that it’s important to not just look at the data reactively. Instead, think proactively and use it as a way to identify where there are issues to be addressed, either now or potentially in the future. The data can also provide a window into the culture of the organization as a whole, as well as the differences by region or even office. This approach can help you better understand your risks and where you need to address potential problems. Some of the data they suggest using is: Outcomes of allegations: are they leading to discipline and is it consistent Retaliation issues Substantiation rates Patterns of employee vs. non-employee reports Number of days between allegation and conclusion of investigation Number of days between incident and helpline call Be sure, too, to look at the helpline data in concert with other data your organization has such as employee turnover, exit interviews, culture surveys, audit results and more. In sum, to get the most out of your helpline data, think about all the data that you have, what it can tell about the past and present, how it can guide the future and what’s the best way to share it with each of your audiences. Listen in to learn more, and plan on joining them for the 2025 SCCE Compliance & Ethics Institute.

By Adam Turteltaub I recently learned that at the US Department of Justice’s law library, one of the most common requests the librarians receive is for vintage dictionaries. Why? Because the lawyers often need to find out what the definition of a word was at the time a law was passed. Meanings change over time in the law and in the vernacular. Remember when describing something as “sick” meant that it was bad? Now it’s the opposite. Stacey Parks, Ethics Officer, Enterprise Operations and International Ethics at Lockheed Martin will be taking on our evolving language at the 2025 SCCE Compliance & Ethics Institute. Her session is, appropriately, entitled, “Divided by a Common Language: No Cap. Here’s the Tea on How Being a Mom of a Teenager Made Me a Better Communicator.” With five generations in the workplace today, it’s important to understand that each has its own communications style and what works for one may not for another. Millennials, Gen Z and Gen Alpha are all digital natives and are much more comfortable than their predecessors with online communication. They also tend to prefer shorter, more succinct messaging, including pictures and diagrams. For them, less is more. Many are also “telephobic,” afraid of and uncomfortable using the phone for talking. They prefer texting and have a poor understanding of telephone etiquette. What’s a compliance team to do? Think differently. Use lots of imagery, and even memes to communicate. Look to short form training, rather than long. Learn their language, too, so you can be a better listener when they share their concerns. And, before you dismiss these ideas, don’t forget how your felt when your parents (or grandparents) threw in the word “groovy” long after it was no longer so groovy to do so. Listen in to this podcast and then be sure to join her in Nashville at the Compliance & Ethics Institute. It’s going to be sick!

By Adam Turteltaub If you’re looking for compliance direction only from the US Department of Justice, you’re missing the wider picture. There is a lot going on in Europe that companies operating in that geography need to be complying with. Dr. Tobias Kruis, Head of Corporate Compliance, Giesecke+Devrient, shares what is going on both in this podcast in his session “Dancing with the Acronyms: Jiving Through LkSG and CSDDDD in the European Compliance Ballroom” at the 2025 SCCE Annual Compliance & Ethics Institute. The German Supply Chain Due Diligence Act, also known under the acronym LkSG, is focused on human rights, occupational health and safety and environmental projects. It requires regular and systematic risk assessments as well as remediation and preventative measures if risks are found. Grievance procedures are also a mandate, as are annual effectiveness reports on the supplier due diligence process. Sanctions for non-compliance can be as high as 2% of annual turnover. The German regulator has already conducted over 1,000 proactive reviews since the act was adopted. The EU Corporate Sustainability Due Diligence Directive was adopted in 2024 and builds on some existing national laws. The aim is to ensure a level playing field for companies in Europe by requiring them to address human rights and environmental concerns in the supply chain. It has much broader reach than the German law in its requirements, including a mandate to conduct due diligence beyond the first tier of suppliers. While enforcement has not yet begun and several changes are contemplated, compliance teams can begin preparing now, taking a risk-based approach to their due diligence efforts. They should also start building cross-functional partnerships with HR, quality, management, procurement and the sustainability teams. Listen in to learn more about what’s happening in Europe, and then don’t miss his session “Dancing with the Acronyms: Jiving Through LkSG and CSDDDD in the European Compliance Ballroom” at the 2025 SCCE Annual Compliance & Ethics Institute. Listen now The Compliance Perspectives Podcast is sponsored by Athennian, a leading provider of entity management and governance software. Get started at www.athennian.com.

By Adam Turteltaub There’s always a “but” when it comes to AI. It has great potential, but there’s always the risk of bad things happening. In the case of the False Claims Act and healthcare, that’s very much the case. In a recent article for Compliance Today – “AI and the False Claims Act: Navigating compliance in the age of automation” -- Phoebe Roth and Colton Kopcik of Day Pitney warn that the same “but” applies to medical coding. AI and coding seem to be a match made in heaven. There is enormous potential for ensuring that bills get processed quickly and all the proper charges are made. But (of course) plenty of risks come with it. First and foremost, a lack of human oversight can lead small errors to quickly multiply, especially if the AI model was trained on biased historical data or follows patterns of mis-billing. False claims can then can quickly spiral out of control, leading to expensive refunds and settlements. Other areas of risk include telehealth and remote care fraud, especially at a time of increased government scrutiny of medically unnecessary services or improper billing. So what should you do? It is prudent when embracing AI, they warn, to ensure that the algorithm is always up to date on the latest changes to the regulations. Whether the AI was created in-house or by a vendor, be sure there is a plan in place to monitor for changes and make accurate, real-time adjustments. Having in place an AI steering committee is also a good idea. Be sure to include IT, coders, clinical staff, compliance and others. Finally, turn the staff into your front line of defense. Help them be on the alert for potential issues so that you can head off problems before they become big problems. Listen in to learn other ways to manage the “buts” of AI. This podcast is for educational purposes only and does not constitute legal advice. Listen now The Compliance Perspectives Podcast is sponsored by Athennian, a leading provider of entity management and governance software. Get started at www.athennian.com.

By Adam Turteltaub As important as gaining access to the board is, using that time properly is even more crucial. Becky Rohr, Chief Compliance Officer and head of Investigations at Ericsson, will be sharing her insights and advice on this topic in her session “Board Reporting, Not Bored Reporting: Presenting to Boards and Other Senior Stakeholders by Using Data and Storytelling” at the 2025 SCCE Annual Compliance & Ethics Institute in Nashville. In this podcast and preview of her session, she advises that, even before entering the boardroom it’s important to take the time to know your audience. Talking to the board, a board committee or senior executives is different since each has its own priorities. Be sure that what you say and show them speaks directly to their role. Remember, too, that the board is focused on the organization as a whole. She cautions that the board will feel obligated to read anything you send it. So, be sure to avoid overwhelming them and to focus on the larger issues that could materially affect the organization. When presenting data, don’t just give them the raw numbers. Prepare a concise analysis that tells them what those numbers mean and what the key takeaways are. She found that a slide showing opportunities, challenges, highlights and lowlights in a simple quadrant graphic can be particularly useful. Dashboards, too, can be valuable, so long as every light on it isn’t green. That’s bound to raise suspicions. Take the time, too, to anticipate what questions they are likely to ask. She warns that boards tend to want to know how the organization stacks up against its industry peers. So, be sure to take the time to benchmark. Be sure to also take the time to listen to the podcast and join us in Nashville, September 14-17, at the SCCE Annual Compliance & Ethics Institute. Listen now The Compliance Perspectives Podcast is sponsored by Athennian, a leading provider of entity management and governance software. Get started at www.athennian.com.

By Adam Turteltaub What you don’t know can hurt you. And what you do know can hurt you. Such is the dilemma of background screening. Companies want to know who they are hiring, but, explains Al Firato, CEO & Founder of HireSafe, some information is off limits. The 1964 Civil Rights Act and Title VII prohibit examinations of race, religion, ethnicity and more. In addition, federal and state regulations set limits on what background check firms can look at. That’s not always a bad thing, Al points out. A conviction for a criminal offense from decades earlier should not be cause for immediate disqualification, especially if the person has since made amends. In addition, the conviction may not be relevant for the job at hand: a DUI for a prospective delivery driver is a lot different than one for someone who will be working at a desk all day. The EEOC has also made it clear that people are, in most cases, entitled to a second chance. With that said, background checks can be very useful for revealing exaggerated academic and work histories. Many prospective employees take advantage of the fact that, with so many mergers, it may be difficult, if not impossible, to verify previous employment. Listen in to learn more about the do’s and don’ts of background screening. Listen now The Compliance Perspectives Podcast is sponsored by Athennian, a leading provider of entity management and governance software. Get started at www.athennian.com.