Corporate Compliance

OIG refines self-disclosure protocol in open letter

Healthcare Auditing Weekly, March 31, 2009

The OIG released an open letter to healthcare providers, on March 24, explaining changes to its Self-Disclosure Protocol (SDP), an initiative originally announced in an April 2006 open letter.

In the latest letter letter, Inspector General Daniel Levinson wrote “ The 2006 Open Letter promoted the use of the SDP to resolve matters giving rise to civil monetary penalty (CMP) liability under both the anti-kickback statute and the physician self-referral (Stark) law.”

The refinements to the SDP include:

  • Narrowing the scope regarding Stark law—The OIG will no longer accept disclosure of a matter that involves only liability under the Stark law in the absence of a colorable anti-kickback statute violation
  • Establishing a minimum settlement amount—The OIG will require a minimum of $50,000 to resolve kickback related submissions accepted into the SDP after the release date of the letter

Find more information on the OIG’s SDP protocol at their Web site.


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