ROWAN UNIVERSITY POLICY
Title: Responding to Suspected Violations of the Stark Law That Do Not Implicate the Anti- Kickback Statute
Subject: Office of Compliance & Corporate Integrity
Policy No: OCCI 2013:C09
Applies: RowanSOM
Issuing Authority: Rowan President & RowanSOM Dean
Responsible Authority: RowanSOM Chief Compliance & Privacy Officer & General Counsel
Originally Issued:
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01/24
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/2013
Revisions:
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07/01/2013
Reviewed:
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01/07/2014
I.
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PURPOSE
To ensure that the Related Healthcare Entities follow the Centers for Medicare and Medicaid Services' (CMS) Voluntary Self-Referral Disclosure Protocol (SRDP) when appropriate.
II.
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ACCOUNTABILITY
Under the direction of the President, the Dean, General Counsel and the Chief Compliance and Privacy Officer shall ensure compliance with this policy. This policy applies to and should be read by employees of schools, departments and units that are a part of RowanSOM as well as employees of other departments that bill federal or state programs for healthcare goods or services ("Related Healthcare Entity" or "Related Healthcare Entities."). Employees of other University departments that support the Related Healthcare Entities in contracting for goods and services, including but not limited to Finance, University Procurement and the Office of the Senior Vice President and General Counsel, should also read this policy.
III.
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APPLICABILITY
RowanSOM units and departments that bill federal or state programs for healthcare goods or services ("Related Healthcare Entity" or "Related Healthcare Entities") shall, when appropriate, follow the CMS Voluntary Self-Referral Disclosure Protocol (SRDP) for reporting to CMS suspected violations of the federal Stark law as set forth in this policy.
IV.
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A. Corporate Integrity Agreement dated September 25, 2009 between UMDNJ and the Office of Inspector General of the Department of Health and Human Services as amended by a Letter Agreement, UMDNJ-RowanSOM dated May 1, 2013 ("CIA")
B. CMS Voluntary Self-Referral Disclosure Protocol https://www.cms.gov/Medicare/Fraud-and-Abuse/PhysicianSelfReferral/Downloads/6409_SRDP_Protocol.pdf OMB CONTROL NUMBER: 0938-1106
C. The Medicare and Medicaid Patient Protection Act of 1987, as amended, 42 U.S.C. §1320a-7b (the "Anti-kickback Statute"),
D. Stark Exceptions, 42 CFR §§ 411.350 – 411.389
E. Stark Law Section 1877 of the Social Security Act 42 U.S.C. 1395
F. Patient Protection and Affordable Care Act (the Affordable Care Act) (Publ. L. 111-148) F
G. Focus Arrangement Database
H. General Statement on Agreements with Referral Sources
I. Fair Market Valuation
J. Professional Services Policy
K. Purchasing Policy
L. Policy on Notification and Approval of Certain Contracts Awarded without Competitive Bids or Proposal
M. Engagement and Payment of Professional Services Provider Policy
N. Gratuities, Guests, Gifts and Use of University Resources
V. POLICY
POLICY
As recommended by CMS, once it is determined by RowanSOM that an alleged violation of the Stark Law has occurred and it wishes to report this alleged violation under the SRDP, RowanSOM shall obtain and report the following information to CMS:
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J. The steps RowanSOM will be taking to make disclosures under the SRDP, both electronically and by mail.
V. ATTACHMENTS
A. Attachment 1, Related Documents
By Direction of the President:
Signature on file
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RowanSOM Chief Compliance and Privacy Officer
ATTACHMENT 1
RELATED DOCUMENTS
A. Corporate Integrity Agreement dated September 25, 2009 between UMDNJ and the Office of Inspector General of the Department of Health and Human Services as amended by a Letter Agreement, UMDNJ-RowanSOM dated May 1, 2013 ("CIA")
B. CMS Voluntary Self-Referral Disclosure Protocol https://www.cms.gov/Medicare/Fraud-and-Abuse/PhysicianSelfReferral/Downloads/6409_SRDP_Protocol.pdf OMB CONTROL NUMBER: 0938-1106
C. The Medicare and Medicaid Patient Protection Act of 1987, as amended, 42 U.S.C. §1320a-7b (the "Anti-kickback Statute"),
D. Stark Exceptions, 42 CFR §§ 411.350 – 411.389
E. Stark Law Section 1877 of the Social Security Act 42 U.S.C. 1395
F. Patient Protection and Affordable Care Act (the Affordable Care Act) (Publ. L. 111-148) F
G. Focus Arrangement Database
H. General Statement on Agreements with Referral Sources
I. Fair Market Valuation
J. Professional Services Policy
K. Purchasing Policy
L. Policy on Notification and Approval of Certain Contracts Awarded without Competitive Bids or Proposal
M. Engagement and Payment of Professional Services Provider Policy
N. Gratuities, Guests, Gifts and Use of University Resources