Two healthcare reform proposals have been introduced that create a separate self-disclosure process for federal Stark law violations, both intentional and unintentional. The proposals follow the OIG’s recent announcement, through a March 24, 2009 Open Letter, that it no longer will accept voluntary self-disclosures through its protocol if such disclosures do not involve a minimum $50,000 settlement amount and a colorable anti-kickback violation. The proposals also call for the relaxation of the automatic forfeiture liability approach currently taken with under Stark, which totally denies reimbursement in the event of a Stark violation, regardless of the facts and circumstances. The two different proposals are sponsored by Rep. Jim McDermott (D-WA) and Sen. Max Baucus (D-MT). Rep. McDermott hopes to include his proposal (H.R. 3556) as an amendment to the House’s health care reform bill. Sen. Baucus has included his proposal as part of the Senate Finance Committee’s health care reform bill. If you have any questions regarding this proposal, please contact our Health Law Practice Group.
von Briesen Health Law Blog
