[Federal Register Volume 75, Number 218 (Friday, November 12, 2010)]
[Notices]
[Pages 69452-69453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28366]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of Inspector General


Solicitation of Information and Recommendations for Supplementing 
the Guidance Provided in the Special Advisory Bulletin on the Effect of 
Exclusion from Participation in Federal Health Care Programs

AGENCY: Office of Inspector General (OIG), HHS.

ACTION: Notice.

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[[Page 69453]]

SUMMARY: This notice informs the public that the Office of Inspector 
General (OIG) intends to update the Special Advisory Bulletin on the 
Effect of Exclusion from Participation in Federal Health Care Programs 
(64 FR 52791; September 30, 1999) and solicits input from the public 
for OIG to consider in developing the updated bulletin.

DATES: To assure consideration, public comments must be delivered to 
the address provided below by no later than 5 p.m. on January 11, 2011.

ADDRESSES: In commenting, please refer to file code OIG-115-N. Because 
of staff and resource limitations, we cannot accept comments by 
facsimile (FAX) transmission.
    You may submit comments in one of three ways (no duplicates, 
please):
    <bullet> Electronically. You may submit electronic comments on 
specific recommendations and proposals through the Federal eRulemaking 
Portal at http://www.regulations.gov. (Attachments should be in 
Microsoft Word, if possible.)
    <bullet> By regular, express, or overnight mail. You may send 
written comments to the following address: Office of Inspector General, 
Department of Health and Human Services, Attention: OIG-115-N, Room 
5541, Cohen Building, 330 Independence Avenue, SW., Washington, DC 
20201. Please allow sufficient time for mailed comments to be received 
before the close of the comment period.
    <bullet> By hand or courier. If you prefer, you may deliver, by 
hand or courier, your written comments before the close of the comment 
period to Office of Inspector General, Department of Health and Human 
Services, Cohen Building, 330 Independence Avenue, SW., Washington, DC 
20201. Because access to the interior of the Cohen Building is not 
readily available to persons without Federal Government identification, 
commenters are encouraged to schedule their delivery with one of our 
staff members at (202) 619-1343.
    For information on viewing public comments, please see the 
Supplementary Information section.

FOR FURTHER INFORMATION CONTACT: Patrice Drew, Department of Health and 
Human Services, Office of Inspector General, Office of External 
Affairs, (202) 619-1368.

SUPPLEMENTARY INFORMATION:
    Submitting Comments: We welcome comments from the public on this 
Special Advisory Bulletin on the Effect of Exclusion from Participation 
in Federal Health Care Programs. Please assist us by referencing the 
file code OIG-115-N.
    Inspection of Public Comments: All comments received before the end 
of the comment period are available for viewing by the public. All 
comments will be posted on http://www.regulations.gov as soon as 
possible after they have been received. Comments received timely will 
also be available for public inspection as they are received at Office 
of Inspector General, Department of Health and Human Services, Cohen 
Building, 330 Independence Avenue, SW., Washington, DC 20201, Monday 
through Friday from 8:30 a.m. to 4 p.m. To schedule an appointment to 
view public comments, phone (202) 401-2206.

Background

    The Special Advisory Bulletin on the Effect of Exclusion from 
Participation in Federal Health Care Programs contains guidance which 
has proven to be extremely important to excluded individuals and to all 
of those in the health care industry who are concerned with compliance. 
The health care industry and health care professionals have now had 
more than a decade of experience with the ramifications of exclusion 
since OIG first published this bulletin in 1999. With time it has 
become even more apparent that exclusion has a significant impact, not 
only on those who have been excluded but also on entities that have 
employed or contracted with excluded persons and been faced with 
liability for overpayments and civil monetary penalties as a result. As 
OIG's compliance and enforcement activities in this area have 
increased, many health care providers have discovered that they employ 
excluded individuals and have self-disclosed to the OIG. Many health 
care providers have also sought to design compliance programs that will 
minimize the risk of submitting claims to a Federal health care program 
for items or services furnished, ordered, or prescribed by an excluded 
individual. In considering the content of the Special Advisory 
Bulletin, OIG is soliciting comments, recommendations, and other 
suggestions from concerned parties and organizations on how best to 
supplement the guidance provided in the Special Advisory Bulletin to 
address relevant issues and to provide useful guidance to the industry. 
For example, OIG seeks comments on areas in which clarification and 
further guidance on the effect of exclusion may be helpful.

    Dated: November 5, 2010.
Daniel R. Levinson,
Inspector General.
[FR Doc. 2010-28366 Filed 11-10-10; 8:45 am]
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