The Office of Inspector General (“OIG”) for the U.S. Department of Health
and Human Services has
the authority to exclude individuals and entities from Federal health care
programs. The OIG maintains a List of
Excluded Individuals and Entities (“LEIE”) on its website which is updated on a
regular basis. Please click here to access
the list.
Any health care provider or supplier should query the LEIE before employing any individual, or alternatively, before contracting with any individual or entity, so to ensure that the party is not listed in the LEIE. During the course of these employment and contractual relationships, the provider or supplier should also take the steps necessary to update these LEIE queries on a regular basis in accordance with applicable requirements. To do otherwise, leaves the provider or supplier at risk of an OIG enforcement action that could result in civil money penalties.
Any health care provider or supplier should query the LEIE before employing any individual, or alternatively, before contracting with any individual or entity, so to ensure that the party is not listed in the LEIE. During the course of these employment and contractual relationships, the provider or supplier should also take the steps necessary to update these LEIE queries on a regular basis in accordance with applicable requirements. To do otherwise, leaves the provider or supplier at risk of an OIG enforcement action that could result in civil money penalties.
We would like to
bring to your attention three 2014 cases that were published on the OIG website
which illustrate the importance of these requirements. Please click here
for more information.
The first case involved a chain of senior living communities which settled
a case with the OIG for $353,248.82 for allegedly employing two excluded
individuals. The second case involved a
university-based health care system including four hospitals and 10
neighborhood health care centers which entered into a settlement agreement for
$197,839.94 with the OIG, again for allegedly employing three excluded
individuals. The third case, involved a
not-for-profit faith-based long-term-care organization which entered into a
settlement agreement for $30,121.82 with the OIG for allegedly employing a
single excluded individual.
If you have questions regarding these enforcement actions, the OIG
requirements, or the adequacy of your
current policies and procedures to address these requirements, please contact
Susan Ziel at sziel@kdlegal.com.