January 18, 2017

January 17, 2017

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Health and Human Services Office of Inspector General (OIG) Releases Updated Self-Disclosure Protocol

On Wednesday, the U.S. Department of Health and Human Services Office of Inspector General (OIG) released its updated Provider Self-Disclosure Protocol (SDP), under which providers may report and settle potential liability under the civil monetary penalty law.  The updated SDP replaces the OIG’s previous protocol published in 1998 and three subsequent OIG Open Letters from 2006, 2008, and 2009.

The OIG noted that parties using the SDP generally pay lower penalties than in government-initiated investigations. This lower penalty is usually 1.5 times single damages. The SDP also outlines the process for disclosing generally as well as for specific conduct related to false billing, excluded persons, and involving the anti-kickback statute and Stark law. Finally, the SDP sets minimum settlement amounts of $50,000 for kickback-related disclosures and $10,000 for all other disclosures.

The Provider Self-Disclosure Protocol can be found here.

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About this Author

William O. Jackson, health care, employment, attorney, von Briesen, law firm

Bill has extensive experience advising health care clients, ranging from individual practitioners to large health systems, in transactional and compliance matters, including contracting, fraud and abuse, and non-profit issues. Bill also works extensively on corporate matters for owner-operated and mid-market companies. His work includes transactions, contracts, terms and conditions, among other matters.

Prior to joining von Briesen & Roper, Bill worked as an Administrative Fellow at a hospital system in western Wisconsin. In this capacity,...