Starting Nov. 1, providers and suppliers must use updated CMS forms for every new submission under the Voluntary Self-Referral Disclosure Protocol, according to a client alert from law firm Thompson Coburn.
The protocol, known as the SRDP, lets providers and suppliers voluntarily disclose actual or potential violations of the federal physician self-referral law, commonly known as the Stark law.
Here are five things to know:
1. Four documents were revised. CMS posted updated versions of the SRDP itself, including the SRDP Disclosure Form; the Physician Information Form; the Group Practice Information Form; and special instructions for physician-owned hospitals and rural providers that failed to disclose physician ownership on their public websites and in public advertising.
2. Repaying the MAC directly is an option. CMS clarified that providers and suppliers may report and refund Stark law overpayments directly to their Medicare administrative contractor instead of filing through the SRDP. In its Supporting Statement, CMS said a MAC refund may be the better route when the cost of a self-disclosure could exceed the overpayment, or when a matter must be resolved before an imminent transaction.
3. The date of discovery is clarified. CMS clarified that the date of discovery is when a disclosing party first became aware of potential noncompliance, not when an actual violation was investigated and confirmed. The date-of-discovery question has also moved to the main SRDP Disclosure Form so the same information isn’t reported twice.
4. One physician form can cover more physicians. CMS expanded when a single Physician Information Form may be filed for multiple physicians. The change applies to noncompliance with the written notice requirement for imaging services under the in-office ancillary services exception.
5. Filings in progress may need to switch forms. Any disclosure submitted on or after Nov. 1 must use the updated forms. Organizations preparing a submission, especially one planned for around or after that date, should confirm they’re working from the latest CMS-approved versions, the firm said.
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