Question

CMS' Self-Referral Disclosure Protocol (SRDP) sets forth a process for providers of services and suppliers to self-disclose actual or potential violations of the physician self-referral statute (section 1877 of the Social Security Act). Which statement is TRUE about the SRDP?

A. The SRDP is intended to facilitate the resolution of only matters that, in the disclosing party's reasonable assessment are actual or potential violations of the physician self-referral statute.
B. Participation in the SRDP is only limited to physicians.
C. Disclosing parties can disclose the same conduct under both the SRDP and the OIG's Self-Disclosure Protocol.
D. To facilitate CMS' verification and validation processes, CMS requires access to all financial statements, notes, disclosures and other supporting documents regardless of the assertion of privileges or limitations on the information produced.

Answer 1

The CMS' Self-Referral Disclosure Protocol (SRDP) is designed to resolve actual or potential violations of the physician self-referral statute. The protocol is not solely for physicians and does not require unrestricted access to all financial documents. Furthermore, duplicative disclosure under SRDP and OIG Protocol is generally not allowed.

Step-by-step explanation:

The CMS' Self-Referral Disclosure Protocol (SRDP) is a mechanism that allows providers of services and suppliers to self-disclose actual or potential violations of the physician self-referral statute, which is referred to as the Stark Law. Regarding the SRDP, statement A is TRUE: The SRDP is intended to facilitate the resolution of only matters that, in the disclosing party's reasonable assessment, are actual or potential violations of the physician self-referral statute. This statement emphasizes that the protocol is designed for situations where there is a reasonable belief that a violation has occurred or might occur.

Statement B is FALSE as participation in the SRDP is not limited to physicians, but includes other entities such as hospitals and health systems. Statement C is FALSE because disclosing the same conduct under both the SRDP and the Office of Inspector General's Self-Disclosure Protocol is generally not permitted. Statement D is also FALSE as CMS does not require access to all financial statements and documents without regard to assertion of privileges or limitations on the information produced. The SRDP outlines specific documentation that must be disclosed, and while thorough, it does respect certain privileges and limitations.