Health Law Blog - Healthcare Legal Issues

CMS Issues Mandatory Report On Self Disclosure Protocols

HHS Report on the Implementation of Voluntary Self-Disclosure Protocol

 The Affordable Care Act required department of Health and Human Services to create a voluntary self-disclosure protocol relating to Stark law violations. The centers for Medicare and Medicaid services issued the disclosure protocols on September 23, 2010.

 The recent report that was issued by CMS was statutorily required. The report indicates that since September 23, 2010 a total of 148 healthcare providers have submitted disclosures relating to violations of the Stark law. 51 of these disclosures are still awaiting review by CMS.  An additional 61 disclosures are awaiting additional information from the disclosing party.

 As of the current date, CMS has resolved six disclosures through settlement. These settlements have collected approximately $783,000.

 Go to the following link for a complete copy of the CMS report on the self-disclosure protocols.

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John H. Fisher

Health Care Counsel
Ruder Ware, L.L.S.C.
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