Full amnesty could encourage provider self-disclosure.
The Federal government's current policy toward healthcare providers that voluntarily disclose improprieties has been ineffective because it offers no guarantee of immunity from prosecution. To be successful, a self-disclosure program must offer real incentives to providers to come forward. The government's self-disclosure programs with respect to tax, environmental, and antitrust laws provide models for an effective amnesty program. The success of these three programs, and particularly of the antitrust program, suggests that healthcare providers would be encouraged to come forward and disclose improprieties if, under certain specific conditions, the OIG and DOJ offered a guarantee of full amnesty to the entity and its officers, directors, and employees.
Mustokoff
M M
MM
Duane, Morris & Heckscher LLP, Philadelphia, Pennsylvania, USA. mmustokoff@duanemorris.com
Nagele
R L
RL
Swichar
J L
JL
D005377:Financial Management, Hospital / Q000331:legislation & jurisprudence*; D005607:Fraud / Q000331:legislation & jurisprudence* / Q000517:prevention & control; D016365:Liability, Legal; D006278:Medicare / Q000331:legislation & jurisprudence; D013660:Taxes / Q000331:legislation & jurisprudence; D014342:Truth Disclosure; D014481:United States; D014483:United States Dept. of Health and Human Services