Section 6409 of the Patient Protection and Affordable Care Act (PPACA) requires the Secretary of Health and Human Services to develop a Medicare self-referral disclosure protocol, which is intended to allow providers to disclose self-referral violations and negotiate reduced civil penalties. The protocol shall be developed no later than six months following the date of enactment and the Secretary specifically authorized to reduce the amount due and owing for all violations under § 1877 of the Social Security Act, in consideration of the following factors:
- The nature and extent of the improper or illegal practice;
- The timeliness of self-disclosure; and
- The cooperation in providing additional information related to the disclosure.