Fourteen years after the original bulletin, the Department of Health and Human Services Office of Inspector General (OIG) released an updated Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs.
The Bulletin details the consequences of exclusion from federal health care programs and provides guidance for employers. Since the release of the 1999 bulletin, the OIG has received several questions about exclusions, many of which they address in the 2013 update.
The updated Bulletin:
(1). Confirms guidance from the 1999 bulletin on the scope and effect of an OIG exclusion;
(2). Provides additional guidance on the scope of the payment prohibition and potential Civil Monetary Penalty liability;
(3). Provides guidance on best practices for screening against the List of Excluded Individuals and Entities to ensure that providers do not employ or contract with an excluded individual; and
(4). Directs providers to use OIG’s Self-Disclosure Protocol to self-disclose the employment of, or contract with, an excluded person.
A notice announcing the bulletin will be included in the May 9 Federal Register publication.© 2014 BARNES & THORNBURG LLP