Which of the following statements about attorney-client privilege is true regarding the billing manager's review?

Study for the HCCA Certified in Healthcare Compliance (CHC) Exam. Practice with interactive questions and detailed explanations. Get ready to excel in your field!

The correct statement regarding attorney-client privilege in the context of a billing manager's review is that a contemporaneous review does not offer privilege if prepared prior to the attorney's involvement. This is significant because attorney-client privilege is designed to protect communications made for the purpose of obtaining legal advice. The privilege attaches to communications made after legal representation is established and only if they are for legal advice or seek to secure legal counsel.

When a billing manager prepares a review before any attorney's involvement, that document is not part of the privileged communications as it does not involve an attorney's insight or direction. For it to be considered privileged, the review must involve legal consultation or be specifically made with the intention of discussing legal matters with an attorney. If the billing manager conducts a review independently, without the attorney's guidance or engagement, it lacks the necessary components to qualify for the privilege.

Therefore, for materials to be protected under attorney-client privilege, they must relate to the legal representation involving an attorney and typically require the attorney's involvement to ensure that the communication is made in confidence for legal advice.

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