Today, the Department of Health and Human Services Office of Inspector General released an update to the Health Care Fraud Self-Disclosure Protocol (SDP). Established in 1998, the SDP can be used by health care providers, suppliers, or other individuals or entities subject to Civil Monetary Penalties to voluntarily disclose self-discovered evidence of potential fraud.
The portal has been updated to:
- Increase the minimum amounts required to settle under the SDP to match new statutory minimum penalty amounts
- Require SDP submissions to be made through HHS OIG’s website
- Add references to OIG’s 2019 Grant and Contract Self-Disclosure Protocols
- Clarify that CIA Reportable Events can be disclosed under the SDP
- Clarify that DOJ sometimes settles SDP cases
- Clarify that disclosures must include damages to each affected federal healthcare program and the sum of all damages
- Make technical changes to statistics, terminology, and background facts.
The update made no changes to the timeline and content requirements of disclosures; the methods for calculating damages; or the approach of timely settlements with a lower multiplier and an exclusion release.