April 20, 2014

Department of Health and Human Services Office of Inspector General Releases Updated Special Advisory Bulletin on Exclusions from Participation in Federal Health Care Programs

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.


About the Author

Nita Garg, Health Care Attorney, Barnes Thornburg, Law firm
Staff Attorney

Nita Garg is an associate in Barnes & Thornburg LLP’s Chicago office and a member of the firm’s Healthcare Department. Ms. Garg assists clients with healthcare issues, including physician employment, physician-hospital contracting, Medicare and Medicaid reimbursement, and various state and federal regulatory matters, including fraud and abuse and HIPAA. 


Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.

The National Law Review - National Law Forum LLC 4700 Gilbert Ave. Suite 47 #230 Western Springs, IL 60558  Telephone  (708) 357-3317 If you would ike to contact us via email please click here.