CMS New Self-Referral Disclosure Protocol
By Paul A. Gomez
As required by Section 6409 of the Affordable Care Act of 2010 (the ACA, also popularly known as healthcare reform legislation), CMS issued its new Self-Referral (Stark Law) Disclosure Protocol (the SRDP) on September 23, 2010. The new SRDP is viewed by many providers and suppliers in the healthcare sector as a welcome development, particularly in light of the pronouncement by the Department of Health and Human Services (the Department) Office of Inspector General (OIG) in its Open Letter to Health Care Providers date March 24, 2009, that the existing OIG Self-Disclosure Protocol (SDP) would no longer accept disclosures pertaining solely to Stark Law violations (potential or actual). As a result of this, and many other reasons discussed below, additional guidance was needed from CMS to understand how healthcare providers and suppliers should proceed when faced with actual or potential Stark Law violations.