What to do after ICE leaves your practice

Physicians Practice: So once ICE does leave, what steps should the practice take to document what occurred, protect its reputation, and manage staff or patient anxiety?

Katie P. Russell, J.D.: So yeah, it can be very jarring after one of these visits. It can be a real shake-up. A lot of times, again, it’s the element of surprise that happens with these encounters. Documentation is always the best thing to do. Even during the visit itself, ask to see any documentation, look at the individual’s identification or badge, note their name, and record the time of the visit.

Really, record as much as you can—especially if this is a visit where an attorney is not present. Make sure you have all that information written down. That’s also going to be helpful for legal counsel to know: Who came here? Who were they asking for? What were they asking about? What type of documentation, warrants, or requests did they provide?

You should also get a photograph or a copy of those documents, because that’s going to be key to protecting the practice, ensuring you’ve done everything appropriately, and allowing you to take the proper follow-up steps.