The Department of Health and Human Services Office of Inspector General this week issued an updated provider self-disclosure protocol (SDP) that gives healthcare providers guidance on how to disclose potential fraud, avoid prosecution, and mitigate potential penalties under its civil money penalty authority.
OIG first published the protocol in 1998 as a way for healthcare providers to disclose potential fraud involving federal healthcare programs. Since then, the OIG has resolved more than 800 disclosures resulting in more than $280 million in recoveries to federal healthcare programs.
Some of the most common issues providers disclose include:
- Billing for items or services furnished by excluded individuals
- Evaluation and management services and DRG upcoding
- Duplicate billing
- Alteration or falsification of records
- Kickbacks and Stark Law violations
The SDP is organized to provide guidance on what submissions should include for specific types of conduct—improper claims, employment of, or contracting with, excluded individuals and violations of the anti-kickback statute.
Some new features include:
- Minimum settlement amounts of at least $50,000 for self-disclosures involving kickback-related submissions and $10,000 for all other disclosures to reflect minimum civil monetary penalty (CMP) amounts for such violations.
- Suspension of the obligation to report overpayments under section 1128J of the Social Security Act Waiver of statute of limitations defenses by disclosing parties.
- Calculation of damages within 90 days of initial self-disclosure (formerly within 90 days of OIG’s acceptance of submission).
- Minimum sample size of 100 units and the use of a mean point estimate for billing-related disclosures.
- Express clarification that manufacturers may use the SDP if at least one of OIG’s CMP authorities is implicated by the conduct.
- Express recognition of the various damage calculation methodologies that OIG has often used in resolving different types of disclosures (e.g., different damage calculation methodologies for excluded individual disclosures versus kickback-related disclosures)
OIG said it will issue further guidance after CMS issues the 60-day overpayment final rule.
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