Health Care Reform Alert: CMS Implements Self-Referral Disclosure Protocol Process to Self-Disclose Stark Law Violations

Based on a Congressional mandate included in the Patient Protection and Affordable Care Act (ACA),1 the Centers for Medicare & Medicaid Services (CMS) published a document entitled “CMS Voluntary Self-Referral Disclosure Protocol” (the SRDP) on its website on September 23, 2010.2 Establishment of the SRDP, which sets forth a process for self-disclosure of actual or potential violations of the Stark Law, is significant because CMS previously had no such protocol or process in place.3 Congress presumably intervened because the Office of Inspector General for the Department of Health and Human Services (OIG) had announced that it would not accept Stark Law disclosures under its Self-Disclosure Protocol unless there was a “colorable Anti-Kickback Statute Violation.”4

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