The OIG is getting set to update the provider self-disclosure protocol, and it’s looking for help from the public. The June 18 Federal Register featured a notice from the OIG asking for recommendations on how best to revise the protocol, which was originally published by the OIG in 1998. Several attorneys have told me that providers are eager to get some clarification on how long the entire self-disclosure process should last, from identifying a potential violation to reaching a resolution with the OIG.

The original protocol laid out steps for providers to self-disclose any potential fraud involving Medicare or Medicaid, and the OIG has revised the document three times since 1998. The most recent revision, in 2009, said the OIG would no longer accept self-disclosures involving only Stark law violations. CMS took on the job of accepting Stark law self-disclosures in 2010.