CMS has published a notice inviting comments on a revised Medicare Self-Referral Disclosure Protocol (SRDP), which is a vehicle for providers and suppliers to voluntarily self-disclose actual or potential violations of the physician self-referral statute (known as the “Stark Act”). Under the currently-approved process, a party must provide a financial analysis of overpayments arising from actual or potential violations of the Stark Act based on a 4-year lookback period. In light of CMS’s February 12, 2016 final rule on the reporting and returning of overpayments, which established a 6-year lookback period for reporting and returning overpayments, CMS is revising the SRDP to reflect the full 6-year lookback period established by the final overpayment rule. The 6-year lookback period applies only to submissions to the SRDP received on or after March 14, 2016 (the effective date of the final overpayment rule); parties submitting self-disclosures pursuant to the SRDP prior to March 14, 2016 need only provide a financial analysis of potential overpayments based on a 4-year lookback period. CMS also is taking the opportunity to simplify the SRDP by issuing a streamlined and standardized form for SRDP submissions. Comments on the notice will be accepted until July 5, 2016.
Home Regulatory Developments Centers for Medicare & Medicaid Services Regulations CMS Proposes Extension of Medicare Self-Referral Disclosure Protocol Lookback Period to Six Years