Wednesday, August 15, 2012

In June, Gilpin Givhan, PC settled a matter for a client with the Centers for Medicare and Medicaid Services under the Self-Referral Disclosure Protocol implemented under the Accountable Care Act. John Weiss, the lead attorney on the matter indicated that the settlement was just the eighth published settlement by CMS under the protocol. Although the settlement was 2 years in process, Mr. Weiss indicated that ultimate settlement discussions moved rapidly. As of last March over 160,000 disclosures were pending and only 7 settlements had been announced prior to the June settlement. Mr. Weiss indicated that the settled disclosure was number 62 in the order of filing and he and the client were very pleased to be among the first matters favorably resolved.

The settlement reflected the intent of Congress in requiring the implementation of the protocol by CMS, by allowing a provider to report a technical violation in an effort to settle the matter for an amount significantly less than the amount otherwise due and owing under the Stark law.

Settlements under the protocol have ranged from a nominal $60 to a high of $579,000. The other settlements range from $6,700 to $208,000. 

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