I spoke with an OIG official this week who told me that updated special advisory bulletin on exclusions was intended to give providers more practical guidance than the original bulletin did when it was released in 1999. Susan Gillin, deputy chief in OIG's Administrative and Civil Remedies Branch, told me that the updated bulletin, which was released May 9, does not break any ground in terms of new policies, but helps clarify OIG exclusions for providers who have had questions over the years. For example, the updated bulletin recommends providers check their employees against OIG's List of Excluded Individuals and Entities. "We've never given a timeline for screening before," Gillin said.

The updated bulletin also provides guidance on situations where a provider could employ an excluded individual without being liable for civil monetary penalties. For example, if a provider employs an excluded individual who does not provide any services that are reimbursed by Medicare or Medicaid, there is no liability. If providers are worried that they are liable for CMPs due to employing an excluded individual, they can always enter OIG's self-disclosure protocol, the updated bulletin said.