Even if You Aren’t a Country Music Fan, You Can Probably Relate to At Least One of these Song Titles.
We all get our inspiration from different places. As you will see, country music can support some of the best themes that we can establish as compliance professionals. The titles of some of the more popular songs evoke all sorts of interesting parallels with what we confront in the compliance world every day. For example:
1. Famous in a Small Town, by Miranda Lambert
The theme of this song is that word gets around quickly in a small town. Your organization’s setting is probably no different, regardless of its size. In the compliance realm, word gets around quickly (and sometimes not accurately) about what the compliance professionals are doing, what the management commitment is to compliance, and whether you are “walking the walk.”
Keep that in mind when you go about your compliance tasks. People are watching, and the grapevine is strong. Use this to your advantage by outwardly exhibiting all of the many good things that you are doing. Beware, however, that missteps are going to get much more attention.
2. Friends in Low Places, by Garth Brooks
Remember that all sorts of people, up and down the ladder, can cause compliance headaches if they are not given the proper respect, attention, and follow-up. Successful compliance professionals bond with as many folks in their organization as possible. My friend Al Josephs, who is a former president of the Health Care Compliance Association, has demonstrated this principle. I would visit him for lunch in the hospital where he used to work, and it would take us 20 minutes to make a 5-minute walk to the cafeteria.
Al would stop and greet people as we went. He worked hard to build relationships with all people, and it paid dividends when compliance issues arose. First, people were not afraid to come and see him. Second, people knew and (justifiably) trusted him when he was leading a compliance process or investigation. He became more like a mayor than a sheriff through his ability to develop genuine friendships with people.
3. The Gambler, by Kenny Rogers
As the refrain says, “You’ve got to know when to hold ‘em, know when to fold ‘em…” The first message here, from this lawyer’s perspective, is know when to stop an investigation or audit process and consider establishing attorney-client privilege or work product protection under the auspices of counsel. Sometimes compliance professionals or consultants delve too far into an issue without considering the legal and risk implications of proceeding.
This does not mean that every compliance investigation or process should be shrouded in confidentiality. It does mean compliance professionals should exercise sound judgment about when to “fold ‘em” and involve counsel. The second message is that sometimes you have to settle or disclose, which is akin to “folding.” When you have a potentially significant compliance issue that can cause material risk to the organization and a financial impact to a payer, sometimes the best course is to be in a candid, cooperative mode. This, of course, depends on the hand that you have been dealt.
4. Funny How Time Slips Away, by Willie Nelson
Compliance processes, and investigations and remedial steps in particular, always seem to take longer than everyone anticipated. In order to prevent slippage, compliance professionals should have detailed work plans for any significant projects or investigations. These work plans specifically should have assigned accountability and set deadlines.
It is also a good idea to keep a running log of the various steps that you have taken. If either an internal stakeholder or a regulator later questions or challenges the effectiveness of your compliance program because a particular activity took too long, you can refer back to the work plan and the timeline and demonstrate that you have made consistent progress, even if it was not as rapid as anticipated.
5. Ace in the Hole, by George Strait
Compliance officers have “several aces in the hole.” The first one is their organization’s code of conduct and compliance program. The second one is the commitment of management and the governing body to do the right thing. The third is government guidance on particular issues.
Compliance officers can use such guidance to help convince their colleagues that the compliance officer is not blowing a situation out of proportion but rather that the government has certain expectations. The third one is the ability to ask people who are resisting doing the right thing what they see as the alternative. This approach can often lead to a more appropriate outcome.
6. My Give a [Darn’s] Busted, by Jo Dee Messina
As a compliance professional, you might hear all sorts of rationalizations for questionable conduct. “If we can’t do this, we will go out of business.” “Our competitors do it, so we have to as well.” “We will never get caught because we have such a strong reputation/provide such good care/fill in the blank.” “The payers arbitrarily take money away from us all the time. If we are overpaid this time, we shouldn’t have to give it back because keeping it just balances things out a little.”
Many of us also have heard the compliance department called the “revenue prevention department,” the “deal killers,” or the “cops.” This is not usually helpful or accurate but rather a way of attacking the messenger or obfuscating the real issue. While you have to be patient and polite, that does not mean that you have to buy into these approaches. Say to yourself, “My give a darn’s busted.”
7. Invisibly Shaken, by Rodney Atkins
This one is simple. Being a compliance professional is a tough job. You hear lots of challenging things on a daily basis. Never let them see you shaken.
Maybe I’ll do another post on Rock and Roll. Send your song suggestions to me at compliancelaw@gmail.com
This post originally appeared in my Corporate Culture column in the Journal of Health Care Compliance.
Frank Sheeder, chair of DLA Piper's