OIG Exclusions: To disclose, or not to disclose…that is the question.

Posted by Frank Strafford on October 23, 2014 in OIG Penalties,

OIG ExclusionsYou’ve discovered an OIG exclusion blooper.  Now what?

If you’re like most administrators, you’d probably opt to fire the excluded employee, bury the evidence, and hope that the OIG never finds out about it.  After all, who in their right mind would actively call the OIG’s attention to a mistake like that?!

Anyone who wants to prevent a worse mistake.  That’s who.

Under the OIG’s self-disclosure clause, contractors are required by law to self-disclose upon discovering an excluded individual within their employee ranks.  Failure to self-disclose can result in contractor suspension or debarment.  Not something you’d want to play around with.

On the face of it, self-disclosure is scary.  It means shoving your failures directly under the nose of the OIG, and inviting whatever repercussions may come about as a result.

On the other hand, from a damage-control perspective, self-disclosure is the wisest course of action to take.  It may result in fees and fines; but it will also protect your company or organization from full-scale suspension, not to mention the whopping fees that are sure to be slapped onto a facility perceived as willfully flouting the law.  Self-disclosure gives you the chance to explain and defend yourself before you’ve been accused.

A confession in time indicates your contrition and willingness to cooperate with the authorities.  And in return, the authorities will be that much more likely to cooperate with you.

For instructions on submitting a Self Disclosure Form, see https://oig.hhs.gov/compliance/self-disclosure-info/files/Contractor_Self-Disclosure_Guidance_April_2014.pdf.  

Please refer to this resource for more helpful information on OIG Exclusions and LEIE searches.

 

 

 

 

 

About Frank Strafford

About Frank Strafford

Related Articles

Conducting Investigations and Responding to Government ...

April 28, 2021

Streamline Verify is proud to have had the privilege of working with the Journal of Regulatory Compliance at Loyola University Chicago School of Law to help galvanize research and resources for the pu...

Understanding the OIG’s List of ...

October 27, 2014

In order to protect Federal healthcare systems from unscrupulous employees and contractors, the Office of the Inspector General regularly updates a List of Excluded Individuals/Entities (LEIE) to help...

New Antibody Testing Follow-on Study

July 16, 2020

On the heels of the NIH-supported Expanded Access Program (EAP) for Convalescent Plasma, a secondary antibody testing modality has been developed as part of the Antibody Everybody initiative powered b...