OIG and CMS Voluntary Self Disclosures: Weighing the Risks and Rewards of Self Reporting
Leveraging Tools for Resolving Stark Law or Anti-Kickback Statute Violations
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to healthcare counsel on the OIG’s Self-Disclosure Protocol (SDP) and settlements under CMS’ Self-Referral Disclosure Protocol (SRDP). The panel will also outline guidance for evaluating the risks and rewards of disclosing potential violations.
- CMS’ Self-Referral Disclosure Protocol, including CMS’s proposed revisions to its Self-Referral Disclosure Form
- OIG’s Self-Disclosure Protocol
- SRDP vs. SDP
- Best practices for self-disclosure
- Are there alternatives to self-disclosure?
- When to disclose and to whom?
- Potential risks of making a self-disclosure
- Preserving privileged communications
The panel will review these and other key issues:
- What factors should healthcare providers consider when determining whether and when a potential Stark law or AKS violation should be disclosed?
- Which vehicle should healthcare providers use when making a self-disclosure—SDP vs. SRDP?
- What are the best practices for healthcare providers and their counsel when preparing the SDP or SRDP disclosure submission?
Samuel C. Cohen
Mr. Cohen's practice focuses on counseling clients regarding compliance with health care fraud and abuse laws, with... | Read More
Mr. Cohen's practice focuses on counseling clients regarding compliance with health care fraud and abuse laws, with an emphasis on the Stark law and anti-kickback statute. He also advises clients on internal and external investigations, particularly investigations related to the False Claims Act, as well as on the HIPAA regulations, reimbursement issues, licensing requirements, and other compliance matters. He helps health care clients respond to government subpoenas, address related compliance issues, and negotiate associated settlement agreements and corporate integrity agreements. He also assists clients with drafting, implementing, and evaluating both fraud and abuse and HIPAA compliance programs.Close
Anjali N.C. Downs, Esq.
Epstein Becker and Green
Ms. Downs represents a variety of healthcare and life science organizations including health systems, pharmaceutical... | Read More
Ms. Downs represents a variety of healthcare and life science organizations including health systems, pharmaceutical and medical device manufacturers, pharmacies, clinical laboratories, academic medical centers, and physician group practices. Her practice focuses on fraud and abuse and federal and state regulatory compliance, and she regularly defends a variety of healthcare organizations undergoing government investigations, inquiries and audits.Close
Jacob J. Harper
Morgan Lewis & Bockius
Mr. Harper advises stakeholders across the healthcare industry, including hospitals, health systems, large physician... | Read More
Mr. Harper advises stakeholders across the healthcare industry, including hospitals, health systems, large physician group practices, practice management companies, hospices, chain pharmacies, manufacturers, and private equity clients, on an array of healthcare regulatory, transactional and litigation matters. His practice focuses on compliance, fraud and abuse, and reimbursement matters, self-disclosures to and negotiations with OIG and CMS, internal investigations, and provider M&As.Close