Health Law Client Alert: OIG Narrows Scope of Permissive Self-Disclosures and Imposes a Floor on Kickback Settlement Amounts

In an Open Letter to Health Care Providers (the “Open Letter”) issued on March 24, 2009, the Office of Inspector General (OIG) announced significant limits on the use of its Self-Disclosure Protocol (SDP). According to the Open Letter, providers should self-disclose to the OIG matters that involve liability under the Stark Law only when a colorable violation of the Anti-kickback Statute also is involved. The OIG underscored that providers should not draw any inferences about the government’s enforcement of Stark Law violations because its narrowing of the scope of the SDP was for “resources purposes.”

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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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