by Ben Vernia | November 16th, 2010
In a notice published in the Federal Register on November 16, the Office of Inspector General of HHS solicited information and recommendations to update its 1999 Special Advisory Bulletin on on the Effect of Exclusion from Participation in Federal Health Care Programs. That document spells out the consequences of exclusion from federal healthcare programs, with an emphasis on third parties which might – inadvertently or not – employ an excluded individual or company.
In its recent notice, OIG-HHS explained its rationale for seeking to update the Bulletin:
With time it has become even more apparent that exclusion has a significant impact, not only on those who have been excluded but also on entities that have employed or contracted with excluded persons and been faced with liability for overpayments and civil monetary penalties as a result. As OIG’s compliance and enforcement activities in this area have increased, many health care providers have discovered that they employ excluded individuals and have self-disclosed to the OIG. Many health care providers have also sought to design compliance programs that will minimize the risk of submitting claims to a Federal health care program for items or services furnished, ordered, or prescribed by an excluded individual. In considering the content of the Special Advisory Bulletin, OIG is soliciting comments, recommendations, and other suggestions from concerned parties and organizations on how best to supplement the guidance provided in the Special Advisory Bulletin to address relevant issues and to provide useful guidance to the industry. For example, OIG seeks comments on areas in which clarification and further guidance on the effect of exclusion may be helpful.
Those interested in providing information and comments to OIG-HHS have until January 11, 2011.
