Washington, D.C., partner Jesse Witten presented at the Clear Law Institute webinar, titled, "OIG and CMS Voluntary Self-Disclosure: What You Need to Know - OnDemand," on Tuesday, May 26. The Affordable Care Act created a serious risk of liability for health care providers that fail to disclose Medicare and Medicaid overpayments, or violations of the Stark Law. Recently, the Department of Justice has begun to bring enforcement actions against hospitals that have failed to make disclosures. Jesse's presentation focused on:
- Factors to consider when deciding whether to self-disclose a violation or overpayment.
- Self-disclosure options – the OIG’s Self-Disclosure Protocol, CMS’s protocol to disclose Stark Law violations, and direct disclosure to Medicare contractors or the Department of Justice
- Dos and don’ts in preparing a self-disclosure submission
- Self-disclosure as a defense to False Claims Act enforcement