By Linda A. Baumann, Arent Fox LLP, Washington, DC
The OIG recently published a solicitation of comments in the Federal Register on how it might update its 1999 Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs (SAB). Click here for details. The 1999 SAB explains that it is "designed to help all affected parties better understand the scope of payment prohibitions that apply to items and services provided to Federal program beneficiaries, and to provide guidance to individuals and entities that have been excluded from the Federal health care programs and to those who employ or contract with an excluded individual or entity to provide such items or services." Dealing with excluded individuals and entities is a important issue for many of us and our clients. It’s been over 10 years since the original SAB was published and you may well have identified facts and circumstances where additional guidance would have been helpful. The solicitation provides a terrific opportunity to seek (and hopefully obtain) additional clarification where it’s needed.
The HLS would like to provide a coordinated response, which is not to say that we are necessarily looking for unanimity - we might well submit comments that would reflect varying views of the Section's members. The Council will decide how these comments will be conveyed. One possibility would be to submit a response through the Federal Register comment process on behalf of an informal Workgroup coordinated by our Healthcare Fraud and Compliance Interest Group. In addition to our written submission, we hope to have the Workgroup meet with the OIG to discuss our response and related issues, similar to what we did with CMS on the Stark self-disclosure protocol.
Please respond to Simeon Carson, Associate Director, at Simeon.Carson@americanbar.org by December 5, 2010 if you are interested in serving on the Workgroup and contribute ideas or comments for a response. Thanks!
Linda Baumann, Section Chair
ABA Health Law Section
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