When Communicating About Compliance—“Find Out Before You Flip Out”

If you’ve been paying attention to social media lately, you know much has been said about the intersection of compliance and the Apple TV series, “Ted Lasso”.

If you’re not familiar with the show, I’ll give you a brief thumbnail.

Jason Sudeikis, plays Ted Lasso, a midwest college football coach who is hired to lead an English soccer team (“AFC Richmond”). As the series begins, “Rebecca”, the new team owner via a recent divorce, attempts to sabotage her ex-husband’s soccer team by hiring Ted because of his inexperience. As the series goes on, you come to find out that Ted’s folksy-optimism proves to be an unexpectedly successful leadership style.

Going back to my comment about the show intersecting with compliance…for me, there was a moment in the third and final season very familiar to a conversation I recently had with a colleague.

In the eighth episode of that season, Ted, who was confronted with his own divorce, has an encounter with his ex-wife and her new partner and he learns of an upcoming trip they’re taking to Paris. Upon hearing this news, Ted reveals to his closest confidants on the team, (affectionately called the “Diamond Dogs”), that his ex-wife is getting married. When pressed by the Diamond Dogs to explain how he came to this conclusion, Ted tells them that she and her partner are going to Paris. Collectively, the Diamond Dogs become concerned with his conclusion and challenge Ted’s assumption. The discussion ends with one of them saying to Ted…

“You should find out before you flip out.”

When it comes to the daily work of a compliance officer, we should also follow that advice, but stated a little more gracefully…you should avoid jumping to conclusions. That is true whether you are conducting an investigation or audit, advising leadership on a compliance-related risk, or anything in between that involves gathering information to make a decision.

Jumping to Conclusions

Jumping to conclusions is a common form of cognitive distortion, or a faulty way of thinking. For example, if you meet another person for the first time and the other person doesn’t smile at you, you might conclude that the person doesn’t like you, though there are alternative explanations for that behavior (e.g., moments before your encounter, the other person just learned a family member’s car was broken into).

Jumping to conclusions can take on many forms, such as:

  • Mind-Reading (i.e., someone believes they understand how somone is thinking without supporting evidence).

  • Overgeneralization (i.e., someone assumes that because they experienced a negative result from an action once, he or she will always experience the negative result from that action).

  • Labeling (i.e., someone makes an assumption of others based on opinions or behaviors of others sterotypically associated with a group they are not a part of).

  • Fortune Telling (i.e., someone assumes they know what will happen in the future).

In the context of compliance work, jumping to conclusions means making assumptions based on incomplete facts. For example, let’s assume you have oversight for HIPAA in your organization. A department director reports that an employee has snooped into the medical record of a coworker. At this particular point in time, you don’t have all the facts to reasonably conclude whether or not a violation occurred. For that reason, until you have gathered all your facts it’s best to label such behavior as “an alleged HIPAA violation” or a “potential breach” . Something that signals to others that an official conclusion has not been made.

Those who jump to conclusions often do so because they fail to realize they’re missing pieces of information—or they are overly confident in their ability to analyze facts. In either event, jumping to conclusions leaves gaps in logic which has the potential to lead to fallout.

The Fallout from Jumping to Conclusions

If you jump to conclusions, there are a couple of ramifications that can arise.

First, there is potential you were led to a wrong conclusion. This can create confusion if you have to circle back and communicate a different conclusion to your audience. While everyone makes mistakes from time to time, you don’t want this to become a pattern. If this becomes a pattern, your leaders may begin to lose trust and confidence in your ability to perform your job.

Additionally, jumping to conclusions can create conflict or confusion with others who may have drawn a different conclusion. While the conflict or confusion can eventually work itself out, doing so will require everyone to expend additional time and effort that otherwise could’ve been avoided.

Finally, another ramification can arise if you jump to a conclusion by labeling conduct as a violation prematurely. It can create an environment of unnecessary heightened risk, akin to shouting “Fire!” in a crowded theater. When it comes to compliance work, you’ll be better positioned to gain the buy-in from your healthcare leaders if you can maintain a calming presence as you are responding to a compliance issue.

The takeaway?

Make sure that before any official conclusions are made, your opinion is based on a thorough and comprehensive review of the facts.

Tips to Avoid Jumping to Conclusions

To reduce instances of jumping to conclusions, here are a few suggestions:

  • Slow Down and Consider your Facts. There is no prize for being the fastest to complete an investigation. Slow down and ask yourself whether you have the facts to support your conclusion?

  • Challenge your Assumptions. Ask yourself…is this conclusion based on fact or personal opinion?

  • Reflect Upon a Time You Were Wrong. Think back to a time when you jumped to the wrong conclusion. Could the current situation you are facing be similar?

  • Take the “Diamond Dogs” Approach. Run your scenario by a trusted resource and see if he or she is coming to the same conclusion that you are—or challenging your assumption? We often get so close to what we’re working on that we can start to see things that don’t exist. A fresh perspective can be a great reality check to ensure you have the facts to support your conclusion. Your supervisor often will be the best resource to help you in this situation.

Pulling it All Together

Navigating the politics of healthcare successfully requires a diplomatic approach to your communications. Part of that diplomatic approach means ensuring your conclusions are based on verifiable facts. In today’s fast-paced working environment, there can be pressure to act quickly rather than spend the time needed to analyze the facts and requirements. Being able to make inferences based on available information is a key skill for any compliance officer, but you have to be careful not to make your conclusions based solely on inferences.

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