On June 18, 2012, the Department of Health and Human Services, Office of Inspector General (OIG) published a notice (the Notice) in the Federal Register announcing its intent to revise its Provider Self-Disclosure Protocol (the Protocol) and soliciting comments for the agency’s consideration.  The Notice neither provides any insight into updates that the OIG may be planning nor specifies any issues to be addressed by public comments.  The deadline for submitting comments is August 17, 2012. 

The OIG first published the Protocol in 1998 to establish a mechanism for providers to disclose and resolve any self-identified potential instances of fraud, waste and abuse adversely affecting Federal healthcare programs.  According to the OIG, the agency has resolved over 800 disclosures in the last fourteen years.  After over a decade of experience with the Protocol, the agency states that it is now considering revisions.  Since 1998, the OIG has issued three Open Letters to Health Care Providers providing additional guidance regarding the Protocol. 

A copy of the Notice is available by clicking here. The Protocol and the OIG’s subsequent Open Letters regarding the Protocol may be accessed by clicking here.

Reporter, Kate Stern, Atlanta, +1 404 572 4661, kstern@kslaw.com.