Corporate Compliance

OIG refines self-disclosure protocol in open letter

Compliance Monitor, April 1, 2009

The OIG released an open letter to healthcare providers March 24, explaining changes to its Self-Disclosure Protocol (SDP), an initiative originally announced in an April 2006 open letter.
“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,” Inspector General Daniel Levinson wrote in the March 24 letter.
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 SDP protocol at the OIG’s Web site.

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