The Patient Protection and Affordable Care Act of 2010 ("Health Reform Bill") Includes Mandatory Compliance and Ethics Program Requirements for Nursing Home Providers

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elements of an effective compliance program. 65 Fed. Reg. 14289. In September 2008 the OIG published supplemental compliance program guidance for nursing facilities setting forth risk areas for nursing home providers. 73 Fed. Reg. 56832. Each of these OIG guidance documents were published to assist providers with voluntary compliance program development.

Now, The Patient Protection and Affordable Care Act of 2010, H.R. 3590 (the "Health Reform Bill") includes statutory provisions requiring nursing home providers (“Provider”) to have a compliance and ethics program in place that is effective in preventing and detecting criminal, civil, and administrative violations and in promoting quality of care consistent with regulations developed by the Secretary of the Department of Health and Human Services, working jointly with the OIG.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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