Office of Inspector General 2008 – Federal Register Recent Federal Regulation Documents

In accordance with section 205 of the Health Insurance Portability and Accountability Act (HIPAA) of 1996, this annual notice solicits proposals and recommendations for developing new and modifying existing safe harbor provisions under the Federal anti-kickback statute (section 1128B(b) of the Social Security Act), as well as developing new OIG Special Fraud Alerts.

This Federal Register notice sets forth the supplemental compliance program guidance (CPG) for nursing facilities developed by the Office of Inspector General (OIG). OIG is supplementing its prior CPG for nursing facilities issued in 2000. The supplemental CPG contains new compliance recommendations and an expanded discussion of risk areas. The supplemental CPG takes into account Medicare and Medicaid nursing facility payment systems and regulations, evolving industry practices, current enforcement priorities (including the Government's heightened focus on quality of care), and lessons learned in the area of nursing facility compliance. The supplemental CPG provides voluntary guidelines to assist nursing facilities in identifying significant risk areas and in evaluating and, as necessary, refining ongoing compliance efforts.

The Office of Inspector General (OIG) is proposing a new system of records, entitled Litigation Files, Administrative Complaints, and Personnel Actions, HHS/OS/OIG/OCIG (09-90-0077). This proposed notice is in accordance with the Privacy Act requirement that agencies publish their systems of records in the Federal Register when there is a revision, change, or addition. This new system will replicate the existing system of records, entitled Litigation Files, Administrative Complaints, and Adverse Personnel Actions, HHS/OS/OGC (09-90-0064), to reflect that responsibility for providing legal services to the Inspector General has transferred to OIG's Office of Counsel to the Inspector General (OCIG). The existing Litigation Files system of records (09-90-0064) remains with the Department's Office of General Counsel and will be unchanged. This notice specifically covers that portion of the records that transferred to, or have been since created and maintained by, OCIG. The Litigation Files, Administrative Complaints, and Personnel Actions, HHS/OS/OIG/ OCIG system of records will be maintained for the purposes of representing OIG and its components in court cases and administrative proceedings, in accordance with the Inspector General Act of 1978 (5 U.S.C. App.).

In accordance with section 205 of the Health Insurance Portability and Accountability Act of 1996, this final rule amends the OIG regulations at 42 CFR part 1008 by (1) revising the process for advisory opinion requestors to submit payments for advisory opinion costs, and (2) clarifying that notices to the public announcing procedures for processing advisory opinion requests will be published on OIG's Web site.

The Office of Inspector General (OIG) proposes to revise and update the existing system of records, entitled ``Criminal Investigative Files'' (09-90-0003). This proposed notice is in accordance with the Privacy Act requirement that agencies publish their amended systems of records in the Federal Register when there is a revision, change, or addition. This system of records, maintained by OIG, was last revised and updated on December 8, 2006.

This Federal Register notice seeks the input and recommendations of interested parties as OIG revises the compliance program guidance (CPG) for nursing facilities, especially those serving Medicare, Medicaid, and other Federal health care program beneficiaries. The nursing home industry has experienced a number of changes since OIG first published a CPG in this area (65 FR 14289; March 16, 2000). Additionally, the subsequent years of enforcement and compliance activity in the nursing home industry has allowed OIG to address more fully the various risk areas in nursing home compliance. In evaluating the contents of the nursing facility CPG, OIG is soliciting comments, recommendations, and other suggestions from concerned parties and organizations on how best to revise the nursing facility CPG to address relevant compliance issues. Specifically, OIG seeks comments addressing any changes to existing risk areas and introducing any new risk areas.