[Federal Register Volume 73, Number 16 (Thursday, January 24, 2008)]
[Notices]
[Pages 4248-4249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1213]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of Inspector General


Solicitation of Information and Recommendations for Revising the 
Compliance Program Guidance for Nursing Facilities

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 as OIG revises the compliance 
program guidance (CPG) for nursing facilities, especially those serving 
Medicare, Medicaid, and other Federal health care program 
beneficiaries. The nursing home industry has experienced a number of 
changes since OIG first published a CPG in this area (65 FR 14289; 
March 16, 2000). Additionally, the subsequent years of enforcement and 
compliance activity in the nursing home industry has allowed OIG to 
address more fully the various risk areas in nursing home compliance. 
In evaluating the contents of the nursing facility CPG, OIG is 
soliciting comments, recommendations, and other suggestions from 
concerned parties and organizations on how best to revise the nursing 
facility CPG to address relevant compliance issues. Specifically, OIG 
seeks comments addressing any changes to existing risk areas and 
introducing any new risk areas.

DATES: To assure consideration, comments must be delivered to the 
address provided below by no later than 5 p.m. on February 25, 2008.

ADDRESSES: In commenting, please refer to file code OIG-126-N. Because 
of staff and resource limitations, we cannot accept comments by 
facsimile (FAX) transmission.
    You may submit comments in one of three ways (no duplicates, 
please):
    1. Electronically. You may submit electronic comments on specific 
recommendations and suggestions through the Federal eRulemaking Portal 
at http://www.regulations.gov. (Attachments should be in Microsoft 
Word, if possible.)
    2. By regular, express, or overnight mail. You may send written 
comments to the following address: Office of Inspector General, 
Department of Health and Human Services, Attention: OIG-126-N, Room 
5246, Cohen Building, 330 Independence Avenue, SW., Washington, DC 
20201. Please allow sufficient time for mailed comments to

[[Page 4249]]

be received before the close of the comment period.
    3. By hand or courier. If you prefer, you may deliver, by hand or 
courier, your written comments before the close period to Office of 
Inspector General, Department of Health and Human Services, Cohen 
Building, 330 Independence Avenue, SW., Washington, DC 20201. Because 
access to the interior of the Cohen Building is not readily available 
to persons without Federal Government identification, commenters are 
encouraged to schedule their delivery with one of our staff members at 
(202) 358-3141.
    Inspection of Public Comments: All comments received before the end 
of the comment period are available for viewing by the public. All 
comments will be posted on http://www.regulations.gov as soon as 
possible after they have been received. Comments received timely will 
also be available for public inspection as they are received at Office 
of Inspector General, Department of Health and Human Services, Cohen 
Building, 330 Independence Avenue, SW., Washington, DC 20201, Monday 
through Friday of each week from 8:30 a.m. to 4 p.m. To schedule an 
appointment to view public comments, phone (202) 619-0089.

FOR FURTHER INFORMATION CONTACT: Joel Schaer, OIG Regulations Officer, 
(202) 619-0089; Amanda Walker, Office of Counsel to the Inspector 
General, (202) 619-0335; or Catherine Hess, Office of Counsel to the 
Inspector General, (202) 619-1306.

SUPPLEMENTARY INFORMATION: The development of CPGs is a major 
initiative of OIG in its effort to engage the private health care 
industry in addressing and combating fraud and abuse. Over the past 
several years, OIG has developed and issued CPGs directed at various 
segments of the health care industry. These guidances are designed to 
provide clear direction and assistance to specific sections of the 
health care industry that are interested in addressing compliance with 
Federal health care program requirements.
    The CPGs set forth OIG's suggestions on how providers can most 
effectively establish internal controls and implement monitoring 
procedures to identify, correct, and prevent potentially fraudulent 
conduct. The suggestions contained in the CPGs are not mandatory for 
providers, nor do they represent an exclusive discussion of the 
advisable elements of a compliance program.
    Through this Federal Register notice, OIG is seeking input from 
interested parties as OIG considers revising the CPG for the nursing 
home industry. OIG will consider all comments, recommendations, and 
suggestions received within the time frame indicated above. OIG would 
appreciate specific comments, recommendations, and suggestions on risk 
areas for the nursing home industry, such as the submission of false 
claims, as well as quality of care concerns, kickbacks, and accurate 
reporting of data to Medicare and Medicaid. Detailed justifications and 
empirical data supporting any suggestions would be appreciated.
    We request that any comments, recommendations, or suggestions be 
submitted in a format that addresses the topics outlined above in a 
concise manner rather than in the form of a comprehensive draft 
guidance that mirrors previous CPGs.

    Dated: January 16, 2008.
Daniel R. Levinson,
Inspector General.
 [FR Doc. E8-1213 Filed 1-23-08; 8:45 am]
BILLING CODE 4150-04-P