Solicitation of Information and Recommendations for Developing OIG Compliance Program Guidance for the Durable Medical Equipmen

[Guest guest]

Today's Federal Register includes a request for input to the OIG (Office

of the Inspector General) on the development of fraud and abuse

guidelines for the DME industry. If you wish to prepare written

input, here is the information.

[Federal Register: August 7, 1998 (Volume 63, Number 152)]

[Notices]

[Page 42409-42410]

From the Federal Register Online via GPO Access

[wais.access.gpo.gov][DOCID:fr07au98-124]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of Inspector General

Solicitation of Information and Recommendations for Developing OIG

Compliance Program Guidance for the Durable Medical Equipment

Industry

AGENCY: Office of Inspector General (OIG), HHS.ACTION: Notice.

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SUMMARY: This Federal Register notice seeks the input and recommendations

of interested parties into the OIG's development of a compliance program

guidance for the durable medical equipment (DME) industry, its providers

and suppliers. Many providers and provider organizations have expressed

an interest in better protecting their operations from fraud and abuse.

Previously, the OIG has developed compliance program guidances for

hospitals, clinical laboratories and home health agencies. In order to

provide clear and meaningful guidance to those segments of the health

care industry involved in the supply and distribution of DME, we are

soliciting comments, recommendations and other suggestions from concerned

parties and organizations on how best to develop compliance program

guidance and reduce fraud and abuse within the DME industry.

DATES: To assure consideration, comments must be delivered to the address

provided below by no later than 5 p.m. on September 21, 1998

..ADDRESSES: Please mail or deliver your written comments, recommendations

and suggestions to the following address: Office of Inspector General,

Department of Health and Human Services, Attention: OIG-3-CPG, Room 5246,

Cohen Building, 330 Independence Avenue, SW, Washington, DC 20201. We do

not accept comments by facsimile (FAX) transmission. In commenting,

please refer to file code OIG-3-CPG. Comments received timely will be

available for public inspection as they are received, generally beginning

approximately 3 weeks after publication of a document, in Room 5541 of

the Office of Inspector General at 330 Independence Avenue, SW,

Washington, DC, on Monday through Friday of each week from 8:00 a.m. to

4:30 p.m.

FOR FURTHER INFORMATION CONTACT: Saxonis, Office of Counsel to

the Inspector General, , or Schaer, Office of Counsel

to the Inspector General, .SUPPLEMENTARY INFORMATION: The

creation of compliance program guidance has become a major initiative of

the OIG in its effort to engage the private health care community in

addressing and fighting fraud and abuse. Recently, the OIG has developed

and issued compliance program guidance directed at various segments of

the health care industry.\1\

This guidance is designed to provide clear direction and assistance to

specific sections of the health care industry that are interested in

reducing and eliminating fraud and abuse within their organizations.

62 FR 9435 (March 3, 1997) for clinical laboratories and 63 FR 8987

(February 23, 1998) for hospitals. The guidances can also be found on the

OIG web site at

http:/www.dhhs.gov/progorg/oig.

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The guidances represent the OIG's suggestions on how providers can best

establish internal controls and monitoring to correct and prevent

fraudulent activities. The contents of the guidances should not be viewed

as mandatory for providers or as an exclusive discussion of the advisable

elements of a compliance program. In an effort to formalize the process

by which the OIG receives public comments in connection with compliance

program guidances, we are seeking, through this Federal Register notice,

formal input from all interested parties as the OIG begins developing

compliance program guidance directed at the DME industry, its providers

and suppliers. The OIG will give consideration to all comments,

recommendations and suggestions[[Page 42410]]submitted and received by

the time frame indicated above. We anticipate that the DME guidance will

contain the seven elements that we consider necessary for a comprehensive

compliance program. These seven elements have been discussed in our

previous guidances and include: <bullet> The development of written

policies and procedures; <bullet> The designation of a compliance

officer and other appropriate bodies; <bullet> The development and

implementation of effective training and education; <bullet> The

development and maintenance of effective lines of communication;

<bullet> The enforcement of standards through well-publicized

disciplinary guidelines; <bullet> The use of audits and other

evaluation techniques to monitor compliance; and <bullet> The

development of procedures to respond to detected offenses and to initiate

corrective action. We would appreciate specific comments, recommendations

and suggestions on (1) risk areas for the DME industry, and (2) aspects

of the seven elements contained in previous guidances that may need to be

modified to reflect the unique characteristics of the DME industry.

Detailed justifications and empirical data supporting suggestions would

be appreciated. We are also hopeful that any comments, recommendations

and input be submitted in a format that addresses the above topics in a

concise manner, rather than in the form of comprehensive draft guidance

that mirrors previous guidance.

Dated: July 28, 1998.June Gibbs Brown,Inspector General.

[FR Doc. 98-20965 Filed 8-6-98; 8:45

am]BILLING CODE 4150-04-P

R. Kovacek, MSA, PT

KovacekManagementServices, Inc.

The FOCUS Group, Inc.

20225 Danbury Lane

Harper Woods, MI 48225

Fax

Email Pkovacek@...

<http://www.theFOCUSgroup.net>

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