CMS has published a notice inviting comments on a revised Medicare Self-Referral Disclosure Protocol (SRDP), which is a vehicle for providers and suppliers to voluntarily self-disclose actual or potential violations of the physician self-referral statute (known as the "Stark Act"). Under the currently-approved process, a party must provide a financial analysis of overpayments arising from actual or potential violations of the Stark Act based on a 4-year lookback period. In light of CMS's February 12, 2016 final rule on the reporting and returning of overpayments, which established a 6-year lookback period for reporting and returning overpayments, CMS is revising the SRDP to reflect the full 6-year lookback period established by the final overpayment rule. The 6-year lookback period applies only to submissions to the SRDP received on or after March 14, 2016 (the effective date of the final overpayment rule); parties submitting self-disclosures pursuant to the SRDP prior to March 14, 2016 need only provide a financial analysis of potential overpayments based on a 4-year lookback period. CMS also is taking the opportunity to simplify the SRDP by issuing a streamlined and standardized form for SRDP submissions. Comments on the notice will be accepted until July 5, 2016.
This article is presented for informational purposes only and is not intended to constitute legal advice.
