OIG and CMS Voluntary Self Disclosures: Weighing the Risks and Rewards of Self Reporting

Counsel to healthcare providers must understand the OIG’s Self-Disclosure Protocol (SDP) and settlements under CMS’ Self-Referral Disclosure Protocol (SRDP), as well as other potential tools for resolving Stark law or Anti-Kickback Statute violations. The options have never been so varied as they are now, with each pathway presenting its own advantages and disadvantages.

Healthcare associate Jake Harper; Samuel Cohen, at Arent Fox; and Anjali Downs, at Epstein Becker and Green will provide guidance to healthcare counsel on the SDP and settlements under the SRDP. The panel will also outline guidance for evaluating the risks and rewards of disclosing potential violations.

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?