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HHS Tweaks Payment for OIG Opinions
March 26, 2008
The Department of Health and Human Services has published an interim final rule to require electronic payment when organizations request an advisory opinion from the HHS Office of Inspector General.
The Health Insurance Portability and Accountability Act mandated HHS to provide a formal guidance process regarding the application of regulations to combat fraud and abuse. Hospitals may have questions, for instance, about what constitutes prohibited remuneration under the anti-kickback statute, or what constitutes an inducement to reduce or limit services to Medicare or Medicaid beneficiaries.
HHS accepts checks or money orders for the opinions, starting with a $250 initial payment, and a final charge that reflects the costs incurred to respond to a request.
Under the interim final rule, which becomes effective on April 25, HHS no longer will accept checks or money orders. Payments will be made directly to the United States Treasury “through wire or other electronic funds transfer,” according to the rule. HHS will accept comments on the rule through April 25.
HHS also will eliminate the initial $250 payment. In cases where OIG does not have authority to issue an advisory opinion, for instance, it would be cumbersome to return funds already submitted directly to the Department of Treasury.
The Office of Inspector General published the interim final rule on March 26 in the Federal Register, at gpoaccess/fr/index.html.
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