Disclosing Statutory Violations: Pros and Cons for Organizations

Internal investigation 5-2
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Internal investigation 5-2
Explain both benefits and disadvantages for organization voluntarily disclose statutory violations they have discovered on their initiative
The purpose of statutory disclosures is to establish a framework for health care providers to voluntarily identify, disclose, and resolve cases of potential fraud, misuse, and non-compliance in administering federal healthcare projects such as Medicare. Voluntarily involves acting freely or willingly, whereby one is not being forced to reveal anything. Statutory violation signifies that the offender knew of a law or regulation and resolved deliberately to defy that law.
The corporate or provider entities use the federal government’s voluntary self-disclosure protocol (SDP) to report potential non-compliances and infringements, but such disclosures come with benefits and downsides. The HHS Office of Inspector General (OIG) SDP was created in 1998 to permit healthcare corporates or entities to disclose potential health care fraud (Italiano, 2018). The Centers for Medicare & Medicaid Services provides SDP practice confined to possible infringements of the physician-self referral statute, often referred to as the Stark Law (Medicare Part, C., & Part, D.,2015). Entities can also make Self-disclosures to the Department of Justice, even though this department has not adopted formal protocol for disclosures.
Benefits for organizations voluntarily disclose statutory violations they have discovered on their initiative.
Entities participating in federal health programs such as Medicare and Medicaid stand to enjoy some benefits when implementing the self-disclosure process. Self-disclosures indicate proactiveness in compliant-related issues rather than reactiveness. The entities need to demonstrate commitment to do thing rightly, and self-disclosures is ...