The Deficit Reduction Act (DRA) is one of the most pressing compliance laws of 2006
Health Care Law Alert-Fraud and Abuse Training & Education

Washington D.C.  The Deficit Reduction Act of February 2006 imposes a January 1, 2007 deadline for companies that do at least $5 million a year in Medicaid business a requirement to educate all employees and officers on how to detect fraud, waste and abuse.  Health care providers must tell employees that if they report fraud, they will be protected against retaliation and protected against retaliation and may be entitled to a share of money recovered by the government. 

Congress imposed the new requirements as part of a cost-cutting law and no guidance was issued until December 13 and many health care executives are just becoming aware of their obligations.
 
Why should we care?
According to health care legal advisors, Compliance is a prerequisite to receiving Medicaid reimbursement.  Non-compliance means your organization is putting all of their Medicaid money at risk!  Any questions?
 

What can we do?

  1. Establish written anti-fraud policies for everyone within the organization as well as contractors and outside vendors.
  2. Establish specific compliance policies including “detailed information” about the False Claims Act, whistleblower protections and other requirements
  3. Employee handbooks must describe the rights of employees to be protected as whistleblowers and must restate the company’s policies concerning false claims laws and the company’s internal process for preventing fraud and abuse.
Develop a method for reporting compliance issues, which must allow for anonymity.

Failure to meet the requirements could result in the forfeiture of all Medicaid payments during the period of noncompliance.

Solution:

Work with your compliance attorney to develop awareness and education policies and procedures.  Create communication material and programs for distribution throughout your organization and beyond.
Consider providing hotline and web reporting to allow 24 hour, 7 day a week confidential and anonymous reporting of fraud and abuse from employees, contractors and vendors.  Look for:

  1. Independent third parties to operate the hotlines
  2. Live trained operators to receive calls via toll free telephones
  3. Immediate notification of a report filing
  4. Reconnection with anonymous reporter to gather more critical information while preserving anonymity
  5. Dedicated project manager to help guide your hotline decisions
  6. Program introduction material for educating employees
  7. Strong reporting and charting capabilities
  8. Hotlines in multiple language
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