What is self-disclosure in healthcare?
Clinician self-disclosure is broadly defined as any statement made to a patient that describes the physician’s personal experience.
What disclosure protocols should be used by providers when disclosing a stark violation?
Stark- only conduct should be disclosed to CMS through its Self-Referral Disclosure Protocol (SRDP), which can be found at: http://www.cms.gov/PhysicianSelfReferral/. OIG reserves the right to determine whether an arrangement is appropriate for resolution in the SDP.
What is a stark form?
The Stark law prohibits a physician’s referral for certain designated healthcare services (DHS) to an entity if the physician (or a member of the physician’s immediate family) has a financial relationship with the entity, unless the referral is protected by one or more exceptions provided in the law.
What is the purpose of self-disclosure protocol?
Self-disclosure gives persons the opportunity to avoid the costs and disruptions associated with a Government-directed investigation and civil or administrative litigation.
Which is an exception to the anti referral law?
Physician services that are furnished (i) personally by another physician who is a member of the referring physician’s group practice or (ii) under the supervision of another physician who is a member of the referring physician’s group practice are exempt for the self-referral prohibition.
What is the purpose of self disclosure protocol?
Which of the following disclosure protocols should be used by providers when disclosing and anti-kickback statute violation?
The OIG protocols are generally used where there is a potential violation of the Anti-kickback Statute, overpayments that become False Claims under the 60-day repayment rule, and other cases where CMP statutes are potentially implicated. It is not always clear whether a violation of a CMP law has occurred.
What are exceptions under Stark?
For example, the following exceptions to the Stark Law require a written, signed agreement: office space and equipment rental, personal service arrangements, physician recruitment arrangements, group practice arrangements, and fair market value compensation arrangements. 42 C.F.R. 411.357.
What is the Medicare self-referral disclosure protocol (SRDP)?
On September 23, 2010, we published the Medicare self-referral disclosure protocol (“SRDP”) pursuant to Section 6409 (a) of the Patient Protection and Affordable Care Act (ACA). The SRDP sets forth a process to enable providers of services and suppliers to self-disclose actual or potential violations of the physician self-referral statute.
How many physician information forms are required for a self referral disclosure?
For disclosures of noncompliant financial relationships with more than one physician, the disclosing entity must submit a separate Physician Information Form for each physician. The CMS Voluntary Self-Referral Disclosure Protocol document contains one Physician Information Form.
What is the physician self-referral law?
As provided in the physician self-referral law, no payment may be made for designated health services that are provided in violation of the physician self-referral law. Section 6409 (b) of the ACA gives the Secretary of HHS the authority to reduce the amount due and owing for violations of Section 1877 of the Act.
When were the physician self-referral regulation revisions published?
Shortly following Phase III in 2007, we published revisions to the physician self-referral regulation in the Calendar Year 2008 Physician Fee Schedule, and in 2008 we published revisions in the Fiscal Year 2009 Hospital Inpatient Prospective Payment System final rule.