Self-Referral Disclosure Settlements Posted by CMS

CMS has now posted summaries of four Self-Referral Disclosure Protocol (SRDP) settlements. The SRDP, enacted as Section 6409 of the Protection and Affordable Care Act (PPACA) (P.L. 111-148) provided a process for providers of services and suppliers to self-disclose actual or potential violations of the physician self-referral statute. The law also required the Secretary of HHS to establish and post information on the CMS’ public Internet Web site concerning a self-referral disclosure protocol (SRDP) that sets forth a process for providers of services and suppliers to self-disclose actual or potential violations of Soc. Sec. Act §1877.

The SRDP settlements with CMS are summarized below—

  • A general acute care hospital in Massachusetts disclosed that it failed (1) to satisfy the requirements of the personal services arrangements exception for arrangements with certain hospital department chiefs and the medical staff for leadership services, and (2) to satisfy the requirements of the personal services arrangements exception for arrangements with certain physician groups for on-site overnight coverage for hospital patients. All violations disclosed were settled for $579,000.00.
  • A critical access hospital in Mississippi disclosed that it failed to satisfy the requirements of the personal services arrangements exception for arrangements with certain hospital and emergency room physicians. All violations disclosed were settled for $130,000.00.
  • A hospital located in California disclosed that it exceed the calendar year non-monetary compensation limit for a physician. All violations disclosed were settled for $6,700.
  • A hospital located in Georgia disclosed that it exceeded the calendar year non-monetary compensation limit for two physicians. All violations disclosed were settled for $4,500.

More details are at the CMS’ Self-Referral Disclosure Protocol Settlement page.