On May 2, 2014, the Centers for Medicare and Medicaid Services (“CMS”)  published a request for comments relating to the Self-Referral Disclosure Protocol (“SRDP”). The SRDP is a voluntary self-disclosure instrument that allows providers of services and suppliers to disclose actual or potential violations of Section 1877 of the Social Security Act (42 U.S.C. 1395nn), also known as the physician self-referral law and commonly referred to as the Stark Law (“the Stark Law”). The Stark Law prohibits a physician from making referrals for certain designated health services payable by Medicare or Medicaid to an entity with which he or she (or an immediate family member) has a financial relationship, unless an exception applies. If a referral is made, the Stark Law prohibits the entity performing the services from presenting, or causing to be presented, claims to Medicare or Medicaid for those referred services. Through the SRDP, disclosing parties are able to make a submission with the intention of resolving its overpayment exposure for the identified conduct.

CMS is seeking comments related to: (1) creating an optional expedited SRDP review process for disclosures that meet certain eligibility requirements; (2) continuing the established SRDP review process for other disclosures; and (3) revising the estimated burden hours based on CMS’s experience administering the SRDP over the past three years.

Comments must be received by the Office of Management and Budget (“OMB”) by Monday, June 2, 2014 via one of the following modes of transmissions: (1) OMB, Office of Information and Regulatory Affairs, Attention: CMS Desk Officer, Fax Number: (202) 395-5806 or (2) Email: OIRA_submission@omb.eop.gov.


Posted by Jennifer K. Shanley

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