OIG Open Letter Restricts Self-Disclosure Protocol
On March 24, 2009, the OIG issued an open letter (pdf) to healthcare providers restricting the application of the OIG Self-Disclosure Protocol (SDP).
The open letter states clearly that OIG is "narrowing the SDP's scope regarding the physician's self-referral law." This action has two components.
First, the OIG will accept providers into the SDP only when the disclosed conduct also involves colorable violations of the Anti-Kickback Statute, and will no longer accept disclosure of any matter that involves only liability under the physician self-referral law.
Second, the SDP now has a cover charge; for kickback-related submissions, OIG will require a minimum settlement amount of $50,000 to qualify for the program. OIG explains these restrictions as an attempt to maintain an efficient and fair mechanism while efficiently allocating OIG resources.
