HHS OIG Publishes Updated Provider Self-Disclosure Protocol

On April 17, 2013, the Department of Health and Human Services’ Office of Inspector General (“OIG”) released an Updated Provider Self-Disclosure Protocol (“SDP”). The SDP provides a process for all healthcare providers and suppliers, including manufacturers, subject to OIG’s Civil Monetary Penalties (“CMP”) authority to voluntarily identify, disclose, and resolve liability for potential misconduct, including under the False Claims Act. The SDP provides specific guidance on SDP requirements. Of note, the SDP articulates OIG’s new policies that the damages calculation will start at 1.5 times single damages and that those who self-disclose will presumptively not be subject to the imposition of a corporate integrity agreement.