Sharmin Rahman, BS Consultant, Compliance. Senior Manager, Compliance. Objectives. We the People - Government Authority

Similar documents
Medical Monitoring Program: PPACA and CMS Final Recommended Guidelines vs. Rules: New License Monthly Screening Requirements

AND THE NEED TO UNDERTAKE

DPW's Mandate to Perform Monthly Sanction Screenings: Implications and Strategies for County Government MH/DS and SCAs

SANCTION SCREENING: OIG HIGH RISK PRIORITY

MEETING THE SANCTION SCREENING CHALLENGE: RULES, REQUIREMENTS, AND METHODS.

Effective Date: 9/09

NAVICENT HEALTH. Policy: Effective: Approval: OIG/GSA Exclusion Screening

Beware Excluded Individuals and Entities

SCREENING OF HEALTH CARE PRACTITIONERS, EMPLOYEES, VENDORS AND CONTRACTORS

April 27, 2009 OIG S FDA t - a L t E e IE Lists DOS-LAPD OF D A GSA-EPLS -BIS O C C S- - O LS S D D D P N

What is the HHS OIG?

For over a decade, the Office of Inspector General

Federal Administrative Sanctions

Special Advisory Bulletin

Arizona Long Term Care Winter 2018 practicematters For More Information UHCCommunityPlan.com

January 26,2011. Presented by Richard P. Kusserow, former DHHS IG Jillian Bower, MPA

Fraud, Waste and Abuse: Compliance Program. Section 4: National Provider Network Handbook

Scope: Hometown Health Compliance Policies & Procedures apply to the following individuals and entities:

Anti-Kickback Statute and False Claims Act Enforcement

Navigating Physician Licensing and

Prepared with the Assistance of Jacob Harper, Law Clerk, Morgan Lewis. HHS OIG Exclusion Overview 1

CORPORATE INTEGRITY AGREEMENT BETWEEN THE OFFICE OF INSPECTOR GENERAL OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TEXAS GENERAL SURGEONS

OFAC GSA OIG 5/20/2016. Exclusions HHS HSPD-6 LEIE OFAC. OIG OFAC - Terrorist Watch List FBI. What is in a criminal background check?

Effective Date: 12/23/2005 Reissue Date: 6/18/2018. I. Summary of Policy

LIMITED POWER OF ATTORNEY

Office of Inspector General. Regional Enforcement Efforts and Priorities in Florida. South Atlantic Regional Conference January 28, 2011

MEETING CHALLENGES OF EXPANDING SANCTION DATABASES

This course is designed to provide Part B providers with an overview of the Medicare Fraud and Abuse program including:

THE ULTIMATE GUIDE TO EXCLUSIONS. Everything You Need to Know About Exclusion Monitoring

Meet the Presenter. Welcome to PMI s Webinar Presentation. Medicare Exclusion: New OIG Rule Expands Exclusion Authority.

IHCP Rendering Provider Agreement and Attestation Form

Chapter 13 Section 6. Provider Exclusions, Suspensions, And Terminations

ALABAMA MEDICAID AGENCY ADMINISTRATIVE CODE CHAPTER 560-X-4 PROGRAM INTEGRITY DIVISION TABLE OF CONTENTS

MEDICAL ASSISTANCE BULLETIN COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE

Rendering Provider Agreement

Criteria for implementing section 1128(b)(7) exclusion authority April 18, 2016

Health Alliance Plan utilizes the Centers for Medicare and Medicaid Services (CMS) current definitions to define (FDRs):

May 3, Bureau of Medicaid Policy and Health System Innovation Medical Services Administration P.O. Box Lansing, Michigan

Department of Health and Human Services. Centers for Medicare & Medicaid Services. Medicaid Integrity Program

Contract Attachment 2 Federal Required Assurances CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE

ATTACHMENT B PHARMACY CREDENTIALING FORM

D E B R A S C H U C H E R T, C O M P L I A N C E O F F I C E R

A DISCUSSION WITH THE OIG

Provider Entity Disclosure of Ownership, Controlling Interest and Management Statement

U.S. v. Sulzbach: Government Theories, Potential Defenses, and Lessons Learned

Medicare Overpayment 60 Day Rule

Fraud and Abuse Compliance for the Health IT Industry

Department of Health and Human Services. Centers for Medicare & Medicaid Services. Medicaid Integrity Program

Panelists: During US latest fiscal year FY2011 (October 2010-September 2011)

GOALS OF THIS PRESENTATION HOW WE GOT HERE WHERE WE ARE MANDATORY COMPLIANCE REQUIREMENTS LESSONS FROM MANDATORY COMPLIANCE IN NEW YORK MY PREDICTIONS

I. PREAMBLE. OCA Corporate Integrity Agreement

Pharmacy Compliance- Credentialing, HIPAA and Fraud, Waste and Abuse (FWA) ACPE# L04-P ACPE# L04-T

Fraud, Waste and Abuse

Medical Ethics. Paul W. Kim, JD, MPH O B E R K A L E R

HAWAII MEDICAL SERVICE ASSOCIATION ANCILLARY HEALTH PROVIDER AGREEMENT FOR MEDICARE PLANS

Fraud, Waste and Abuse A Presentation for Network Providers

Agenda. Strategic Considerations in Resolving Voluntary Government Disclosures

2/24/2017. Agenda. Determine Potential Liability. Strategic Considerations in Resolving Voluntary Government Disclosures. Relevant legal authorities:

FRAUD, WASTE, & ABUSE (FWA) for Brokers. revised 10/17

Required CMS Contract Clauses Revised 8/28/14 CMS MCM Guidance Chapter 21

AMERIGROUP DISCLOSURE FORM FOR A PROVIDER PERSON

Ridgecrest Regional Hospital Compliance Manual

AHLA. F. Anti-Kickback Primer. David E. Matyas Epstein Becker & Green PC Washington, DC

Effective Collaboration Between Compliance Officers and State and Federal Law Enforcement OBJECTIVES

A Day In The Life Of A Healthcare Fraud Investigator

There is nothing wrong with change, if it is in the right direction Winston Churchil

C. Enrollees: A Medicaid beneficiary who is currently enrolled in the MCCMH PIHP.

Section (Primary Department) Medicaid Special Investigations Unit. Effective Date Date of Last Review 01/30/2015 Department Approval/Signature :

Compliance and Fraud, Waste, and Abuse Awareness Training. First Tier, Downstream, and Related Entities

Status of Finding as of February 23, Comments and Agency Contact

OIG Enforcement Initiatives Relating to Hospitals. Outline of Presentation

Department of Health and Human Services. Centers for Medicare & Medicaid Services. Medicaid Integrity Program

Mission Statement. Compliance & Fraud, Waste and Abuse Training for Network Providers 1/31/2019

CERTIFICATIONS AND STATUTORY REQUIREMENTS For Capital Procurement Only Effective July 1, 2010

CORPORATE INTEGRITY AGREEMENT BETWEEN THE OFFICE OF INSPECTOR GENERAL OF THE

Compliance Program. Investigation Policy. Purpose. Applicability. Policy. Unity House of Troy, Inc.

Compliance Program. Health First Health Plans Medicare Parts C & D Training

Improving Integrity in Nursing Centers

I. PREAMBLE TERM AND SCOPE OF THE CIA

DEPARTMENT OF HEALTH AND HUMAN SERVICES. Office of Inspector General s Use of Agreements to Protect the Integrity of Federal Health Care Programs

Instructions for Mississippi Medicaid Provider Disclosure Form (Section C 2)

Conflicts of Interest 9/10/2017. Everything a Health Care Executive Needs to Know about the Anti-Kickback Statute. May 2, 2017 Article from JAMA:

Children with Special. Services Program Expedited. Enrollment Application

Managing Financial Interests: The Anti Kickback Statute (AKS)

HOSPITAL COMPLIANCE POTENTIAL IMPLICATION OF FRAUD AND ABUSE LAWS AND REGULATIONS FOR HOSPITALS

Medicare Program Integrity Primer: What the Government Can Do And How to Respond. AHLA Fraud & Compliance Forum October 2014

Commitment to Compliance

CONFLICTS OF INTEREST 2011 ANNUAL DISCLOSURE QUESTIONNAIRE

Sharp HealthCare s 2017 Compliance Education. Fraud, Waste, and Abuse: Prevention, Detection and Reporting Module 2

FALSE CLAIMS ACT ENFORCEMENT: RECENT TRENDS AND STEPS TO ENSURE COMPLIANCE AND AVOID FRAUD ALLEGATIONS

SUNY DOWNSTATE MEDICAL CENTER POLICY AND PROCEDURE. No:

Suffolk Care Collaborative. Compliance Program. And. Compliance Guidelines

City/State: From: To: City/State: From: To: City/State: From: To:

Version 7.5, August 2017 Page 1 of 11

Check Your Physician Contracts

MENTAL HEALTH MENTAL RETARDATION OF TARRANT COUNTY. Board Policy. Number A.3 July 31, 2001 COMPLIANCE PLAN

It s Here: The Final 60 Day Overpayment Rule

The False Claims Act and Off-Label Promotion: Understanding and Minimizing the Risks for Pharmaceutical Manufacturers

Law Department Policy No. L-8. Title:

Drive Defensively: How Hospice Officers and Directors Can Avoid Liability CHAPCA 2013 Annual Conference October 28-30, 2013

Transcription:

Exclusion Checks: Who? What? When? Where? How? Sharmin Rahman, BS Consultant, Compliance Karen Voiles,MBA,CHC, CHPC, CHRC Senior Manager, Compliance Objectives We the People - Government Authority Legislative authority vested in Congress and delegated to the Office Inspector General ( OIG ) Great Expectations - Government Expectations Ambitious compliance programs America s Most Wanted - Enforcement Actions Consequences of hiring i a health care fugitive Friends - Screening Best Practices Choose wisely 2

We the People Government Authority Legislative authority for exclusions is vested in Congress and delegated to the OIG 3 The Social Security Act Provides Grounds for Exclusions The Social Security Act, 1128 (42 U.S.C. 1320a-7), provides several grounds for excluding individuals and entities from participation i in Medicare, Medicaid, id and other Federal health care programs Exclusions are required for individuals and entities convicted of the following types of criminal offenses: Medicare or Medicaid fraud Patient abuse or neglect Felonies for other health care fraud Felonies for illegal manufacture, distribution, prescription, or dispensing of controlled substances 4

The OIG has Exclusion Authority The OIG has the authority to exclude individuals and entities on several other grounds: Provision of unnecessary or substandard services Submission of false or fraudulent claims to a Federal health care program Engaging in unlawful kickback arrangements 5 Affordable Care Act (ACA) Adds New Exclusion Authority Section 6402(d)(1) provides authority to exclude providers and suppliers for false statements, misrepresentation in application/enrollment Section 6402(c) broadens permissive authority for failure to supply information by not only those who furnish, but also by those who order or refer for services or certifying the need for items or services 6

An Individual May be Excluded for Defaulting on a Student Loan The Social Security Act permits exclusion from Medicare, Medicaid, and all other Federal health care programs for nonpayment of student loans secured through the Health Education Assistance Loan (HEAL) program OIG is responsible for excluding individuals who have defaulted on HEAL loans from participation in Federal health care programs After being excluded for nonpayment of their HEAL debts, over 2,000 individuals entered into settlement agreements to repay their debts 7 2014 Year End Health Care Compliance & Enforcement Update The OIG reported exclusions of more than 4,017 individuals and entities from participation p in Federal health care programs. OIG is also responsible for reinstating providers who apply and have met the requirements of their exclusions. As part of their settlements, providers often agree to enter into Compliance Integrity Agreements with the OIG to avoid exclusions. 8

The OIG s Authority Includes Mandatory Exclusions The OIG s website lists the exclusion authorities: http://oig.hhs.gov/exclusions/authorities.asp Mandatory Exclusions - The OIG is required by law to exclude individuals/entities convicted of these crimes: Conviction of program related crimes 5 years Conviction relating to patient abuse or neglect 5 years Felony conviction related to health care fraud 5 years Felony conviction related to controlled substance 5 years Conviction of two mandatory exclusion offenses 10 years Conviction of three or more occasions of mandatory exclusion offenses permanent exclusion 9 The OIG s Authority Includes Permissive Exclusions Permissive Exclusions The OIG has discretion to exclude individuals/entities for reasons including, but not limited to: Misdemeanor conviction related to health care fraud or controlled substances Conviction relating to obstruction of an investigation License revocation Exclusion or suspension under Federal or state health care program Claims for excessive charges/unnecessary services Fraud, kickbacks and other prohibited activities Entities controlled by a sanctioned individual Failure to grant access when required by law Failure to disclose required information Failure to take corrective action Default on student loan or scholarship requirements Making false statements or misrepresentations of material fact 10

The OIG has Posted Guidance for Implementing Permissive Exclusion Authority http://oig.hhs.gov/fraud/exclusions/files/permissive_excl_under _1128b15_10192010.pdf The OIG, in its 2010 Guidance for Implementing Permissive Exclusion Authority, indicates its intent to pursue officers and managers of an entity that has been excluded or convicted of certain offenses When there is evidence that an owner, officer, or managing employee knew or should have known of the conduct, the OIG will operate with a presumption in favor of exclusion 11 The Presumption in Favor of Exclusion Can Be Overcome in Certain Circumstances This presumption may be overcome when the OIG finds that significant factors weigh against exclusion: Circumstances of the misconduct and seriousness of the offense Individual s role in the sanctioned entity Individual s actions in response to the misconduct Information about the entity 12

Great Expectations Government Expectations The government expects an ambitious and diligent compliance program 13 The Government has Implemented Several Exclusion Related Guideline U.S. Sentencing Commission OIG Compliance Program Guidance Federal Acquisition Regulation CMS Letter to State Medicaid Agencies 2009 State exclusion lists OIG Special Advisory Bulletin on the Effective of Exclusion from Participation in Federal Health Care Programs 2013 14

The Government Expects Careful Delegation of Authority and Due Care When Screening U.S. Sentencing Commission: careful delegation of authority and due care in hiring and screening employees OIG Compliance Program Guidance: employees, contractors, medical staff, and clinical staff checked routinely against the OIG List of Excluded Individuals and Entities (LEIE) and the General Services Administration s s (GSA) System of Awards Management age e (SAM) (f/k/a the Excluded Parties List System (EPLS)) Federal Acquisition Regulation: review SAM prior to contract award 15 The Government Expects Compliance as a Condition of Enrollment Centers for Medicare and Medicaid Services (CMS) Letter to State Medicaid Directors 2009: obligation to screen all employees and contractors compliance with screening requirement is a condition of enrollment OIG Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs 2013 OIG updates the LEIE monthly, so screening employees and contractors each month best minimizes potential overpayment and CMP liability * CMP Civil Monetary Penalty 16

Standard Language: - Ineligible Persons Non Compliance Can Lead to a Corporate Integrity Agreement Definitions. For purposes of this CIA: a) Ineligible ibl Person shall include an individual id or entity who: i. is currently excluded, debarred, suspended, or otherwise ineligible to participate in the Federal health care programs or in Federal procurement or nonprocurement programs; or ii. has been convicted of a criminal offense that falls within the scope of 42 U.S.C. 1320a-7(a), but has not yet been excluded, debarred, suspended, or otherwise declared ineligible. b) Exclusion Lists include: i. the HHS/OIG List of Excluded d Individuals/Entities id (available through the Internet at http://www.oig.hhs.gov); and ii. the General Services Administration System for Award Management (f/k/a Excluded Parties List System (EPLS) (available through the Internet at https://www.sam.gov/portal/public/sam/). 17 America s Most Wanted Enforcement Actions Ekaterina Shlykova DOB: 07-11-1986 Height: 5'6" Weight: 121 lbs. Robert Allen Lopez DOB: 04-07-1966 Height: 5'7" Weight: 170 lbs. WANTED WANTED 18

Civil Monetary Penalties (CMPs) Resulting From Employee Exclusions Are on the Rise Number of violations of CMP law for not knowing that a person was excluded from participation in federal healthcare programs have increased 19 June 20, 2014 Recent Enforcement Actions Involving Excluded Parties Hospice by the Sea, Inc. (HBTS), Florida, agreed to pay $428,935 OIG alleged that HBTS employed an individual that it knew or should have known was excluded from participation in Federal health care programs January 30, 2015 Affinity Medical Center, LLC (Affinity), Alabama, agreed to pay $111,969 OIG alleged that Affinity employed an individual that it knew or should have known was excluded from participation in Federal health care programs 20

Friends Screening Best Practices Choose wisely 21 Check the OIG LEIE on a Monthly Basis The impact of exclusion by the OIG: No payment from federal programs (Medicare, Medicaid, SCHIP, etc.) for items or services provided, ordered, directed, or prescribed by an excluded individual or entity Payments that are received are considered overpayments CMPs: $10,000 per item or service 42 USC 1320a- 7a(a) and potentially treble damages for the amount claimed for each item or service Excluded party must apply for reinstatement reinstatement is not automatic 22

Check GSA SAM Upon Initial Hire and Annually Thereafter GSA s SAM https://www.sam.gov/sam/ If a person or organization is excluded or suspended from the Medicare Program, they are automatically placed in the SAM database maintained by GSA and are also "debarred" or excluded from being able to contract with the federal government (or any contractor of the federal government) - rule extends to any officer, director, or shareholder of an organization that has been excluded or debarred 23 Other Lists in Which You Should Be Aware Food and Drug Administration (FDA) Clinical investigator Inspection Search o http://www.accessdata.fda.gov/scripts/cder/cliil/index.cfm Office of Foreign Asset Control (OFAC) Specifically Designated Nationals (SDN) and Blocked Persons List o http://sdnsearch.ofac.treas.gov/ Department of Commerce (DOC), Bureau of Industry and Security (BIS) Export Controls Denied Persons List (DPL) o http://www.bis.doc.gov/dpl/default.shtm Department of State (DOS) - Arms Export Control Act (AECA) and International Traffic in Arms Regulations (ITAR) Export Controls List of Statutorily Debarred Parties o http://www.pmddtc.state.gov/compliance/debar.html 24

Process: Have a Documented Process for Screening Individuals and Entities Identify who will be screened (perform a baseline if they haven t done so already) Select routine check intervals Determine if checks will be done internally or through an external vendor Implement verification procedures for potential matches Initiate appropriate actions on verified matches Document all of the above in policies and procedures 25 What are Screening Best Practices? New Employees (BEFORE beginning employment): OIG LEIE (monthly) GSA SAM (annually) OFAC SDN (annually) State Exclusions List Contractors, Agents & Vendors: Prior to start of contract or renewal: o OIG LEIE (monthly) o GSA SAM (annually) o State Exclusions List Consider $$ (>$1,000) & whether entity has direct responsibility for coding, billing or the delivery of care 26

An ounce of prevention is worth a pound of cure. Benjamin Franklin Be proactive rather than reactive Incorporate the OIG s recommended seven elements of an effective compliance program into the hospital s everyday activities Establish a culture of compliance Where do you stand? 27 Resources OIG LEIE: http://oig.hhs.gov/exclusions/exclusions_list.asp GSA SAM: https://www.sam.gov/portal/public/sam/ FDA Clinical Investigators: http://www.accessdata.fda.gov/scripts/cder/cliil/index.cfm OFAC SDN Blocked Persons List: http://sdnsearch.ofac.treas.gov/ Export control lists DOC BIS: http://www.bis.doc.gov/dpl/default.shtm DOS ITAR: http://www.pmddtc.state.gov/compliance/debar.html NPDB: http://www.npdb-hipdb.hrsa.gov/ HIPDB: http://www.npdb-hipdb.hrsa.gov/ 28

29 Thanks for Attending! Intended for internal guidance only, and not as recommendations for specific situations. Readers should consult a qualified attorney for specific legal guidance. 30