[Federal Register Volume 64, Number 8 (Wednesday, January 13, 1999)]
[Notices]
[Page 2228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-689]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of Inspector General


Solicitation of Information and Recommendations for Developing 
OIG Compliance Program Guidance for the Hospice Industry

AGENCY: Office of Inspector General (OIG), HHS.

ACTION: Notice.

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SUMMARY: This Federal Register notice seeks the input and 
recommendations of interested parties into the OIG's development of a 
compliance program guidance for the hospice industry and its providers, 
especially those serving Medicare and Medicaid beneficiaries. Many 
providers and provider organizations have expressed an interest in 
better protecting their operations from fraud and abuse. Previously, 
the OIG has developed guidances for hospitals, clinical laboratories, 
home health agencies and third-party medical billing companies. In 
order to provide a clear and meaningful guidance to those segments of 
the health care industry involved in hospice operations, the OIG is 
soliciting comments, recommendations and suggestions from concerned 
parties and organizations on how best to develop a compliance program 
guidance and reduce fraud and abuse within the hospice industry.

DATES: To assure consideration, comments must be delivered to the 
address provided below by no later than 5 p.m. on March 15, 1999.

ADDRESSES: Please mail or deliver your written comments, 
recommendations and suggestions to following address: Department of 
Health and Human Services, Office of Inspector General, Attention: OIG-
6-CPG, Room 5246, Cohen Building, 330 Independence Avenue, SW, 
Washington, DC 20201.
    We do not accept comments by facsimile (FAX) transmission. In 
commenting, please refer to the file code OIG-6-CPG. Comments received 
timely will be available for public inspection as they are received, 
generally beginning approximately 3 weeks after publication of a 
document, in Room 5541 of the Office of Inspector General at 330 
Independence Avenue, SW, Washington, DC 20201 on Monday through Friday 
of each week from 8:00 a.m. to 4:30 p.m.

FOR FURTHER INFORMATION CONTACT: Michael Shaw, Office of Counsel to the 
Inspector General, (202) 619-2078.

SUPPLEMENTARY INFORMATION: The development of compliance program 
guidances has become a major initiative of the OIG in its effort to 
engage the private health care community in addressing and combating 
fraud and abuse. Recently, the OIG has developed and issued compliance 
program guidance directed at various segments of the health care 
industry.1 New OIG guidance under consideration will be 
designed to provide clear direction and assistance to Medicare and 
Medicaid hospice providers that are interested in reducing and 
eliminating fraud and abuse within their organizations.
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    \1\ See 62 FR 9435 (March 3, 1997) for clinical laboratories, as 
amended in 63 FR 45076 (August 24, 1998); 63 FR 8987 (February 23, 
1998) for hospitals; 63 FR 42410 (August 7, 1998) for home health 
agencies, and 63 FR 70138 (December 18, 1998) for third party 
medical billing companies. The guidances can also be found on the 
OIG web site at http://www.dhhs.gov/progorg/oig.
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    The guidances represent the culmination of the OIG's suggestions on 
how providers can most effectively establish internal controls and 
implement monitoring procedures to identify, correct and prevent 
fraudulent and wasteful activities. As stated in previous guidances, 
these guidelines are not mandatory for providers, nor do they represent 
an exclusive document of advisable elements of a compliance program.
    In an effort to formalize the process by which the OIG receives 
public comments in connection with compliance program guidances, the 
OIG is seeking, through this Federal Register notice, formal input from 
interested parties as the OIG begins developing the compliance program 
guidance directed at the hospice industry and its providers. The OIG 
will give consideration to all comments, recommendations and 
suggestions submitted and received by the time frame indicated above.
    We anticipate that the hospice guidance will contain seven elements 
that the OIG considers necessary for a comprehensive compliance 
program. These seven elements have been discussed in our previous 
guidances and include:
     The development of written policies and procedures.
     The designation of a compliance officer and other 
appropriate bodies.
     The development and implementation of effective training 
and education programs.
     The development and maintenance of effective lines of 
communication.
     The enforcement of standards through well-publicized 
disciplinary guidelines.
     The use of audits and other evaluation techniques to 
monitor compliance.
     The development of procedures to respond to detected 
offenses and to initiate corrective action.
    The OIG would appreciate specific comments, recommendations and 
suggestions on (1) risk areas for the hospice industry, and (2) aspects 
of the seven elements contained in previous guidances that may need to 
be modified to reflect the unique characteristics of the hospice 
industry. Detailed justifications and empirical data supporting 
suggestions would be appreciated. We are also hopeful that any 
comments, recommendations and input be submitted in a format that 
addresses the above topics in a concise manner, rather than in the form 
of comprehensive draft guidance that mirrors previous guidances.

    Dated: January 6, 1999.
June Gibbs Brown,
Inspector General.
[FR Doc. 99-689 Filed 1-12-99; 8:45 am]
BILLING CODE 4150-04-P