Healthcare Providers and Voluntary Disclosures
Evaluating If, When and How to Report to CMS, DOJ or OIG
OIG's rejection of Stark violation reporting alters self-disclosure landscape
Recording of a 90-minute CLE webinar with Q&A
This seminar will discuss the Office of Inspector General (OIG) Open Letter and its impact on self-disclosure of violations for healthcare providers. The panel will outline strategies for healthcare providers and counsel in deciding if, what, when and how to report potential violations.
Outline
- The Law Of Overpayments and Self-Disclosure
- Types of Overpayments and Defenses
- Special Stark Law Issues
- Enforcement Statutes
- Practical and Strategic Considerations and Best Practices
- Conducting the Investigation
- Handling Potential Whistleblowers
- Determining What to Disclose and How
- Dealing With Missing Evidence and Witnesses
- How Far Back?
- Internal Communications and Informing the Board
- Voluntary Disclosure Options
- OIG self-disclosure protocol
- Department of Justice
- Medicare Contractors
- State voluntary disclosure protocols
- Stark Law and Self-Disclosure
- Self-Disclosure Case Studies
- Is Self-Disclosure A Defense?
Benefits
The panel will review these and other key questions:
- How does the OIG's Open Letter alter the approach of a healthcare provider undertaking voluntary disclosure?
- What options do healthcare providers have for voluntary disclosure after the Open Letter?
- What factors should healthcare providers consider when determining whether a potential violation should be reported?
- If a healthcare provider reaches settlement with the Department of Justice, what impact will that settlement have on the provider's dealings with OIG? Or with the Centers for Medicare and Medicaid Services?
Faculty
Jesse A. Witten
Partner
Drinker Biddle & Reath
Mr. Witten counsels on health law issues, including Medicare and Medicaid reimbursement and price reporting... | Read More
Mr. Witten counsels on health law issues, including Medicare and Medicaid reimbursement and price reporting requirements, compliance with Anti-Kickback and Stark laws, and implementation and operation of corporate compliance programs. He previously served as a Deputy Associate Attorney General in the U.S. Department of Justice where his duties included co-chairing the DOJ's Healthcare Fraud Task Force.
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John E. Steiner, Jr.
Chief Compliance Officer
UK HealthCare, University of Kentucky
He is responsible for the design, implementation, and oversight of an enterprise wide compliance program encompassing... | Read More
He is responsible for the design, implementation, and oversight of an enterprise wide compliance program encompassing an academic medical center with three hospitals, over 20 ambulatory clinics, a group practice with over 900 physicians, and Colleges of Medicine, Dentistry, Pharmacy, Nursing, Health Sciences, and Public Health.
ClosePaul M. Danello
Partner
Baker and Daniels
He has over 30 years experience in healthcare law and concentrates in corporate, financing and government regulatory... | Read More
He has over 30 years experience in healthcare law and concentrates in corporate, financing and government regulatory matters affecting the healthcare industry. As a member of a team of healthcare lawyers in the Office of Inspector General, he developed interpretive and safe harbor regulations to the anti-kickback statute and the Ethics in Patient Referrals Act, and other forms of guidance.
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