[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Proposed Rules]
[Pages 37821-37822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16343]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of Inspector General

42 CFR Part 1003

RIN 0991-AA45


Withdrawal of Proposed Rule ``Health Care Programs: Fraud and 
Abuse; Civil Money Penalties for Hospital Physician Incentive Plans''

AGENCY: Office of Inspector General (OIG), Department of Health and 
Human Services (HHS).

ACTION: Withdrawal of Proposed Rule.

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SUMMARY:  This document informs the public that OIG has determined not 
to pursue a proposed rule published in the Federal Register and, as a 
result, is withdrawing it. OIG is taking this action to avoid any 
confusion that could be caused by having this proposal in the public 
domain.

DATES: The Proposed Rule listed under Supplementary Information is 
withdrawn as of August 1, 2019.

ADDRESSES: Office of Counsel to the Inspector General, Cohen Building, 
330 Independence Ave. SW, Washington, DC 20201.

FOR FURTHER INFORMATION CONTACT: Aaron Zajic, Supervisory Project 
Manager, Office of Counsel to the Inspector General, Cohen Building, 
330 Independence Ave. SW, Washington, DC 20201, 202-619-0335.

SUPPLEMENTARY INFORMATION:

I. Background

A. OIG's Review of Proposed Rules

    Executive Order 13777, entitled ``Enforcing the Regulatory Reform 
Agenda'' (82 FR 12285), instructs agencies to review regulations which 
should be repealed, replaced, or modified. As a result of a review 
undertaken after the issuance of Executive Order 13777, OIG identified 
a Proposed Rule (described below), which we do not intend to finalize. 
Accordingly, OIG is withdrawing the proposed rule from the Federal 
Register.

B. OIG's Withdrawal of the Proposed Rule

    The Proposed Rule that OIG is withdrawing was published in 1994. 
OIG neither applied nor enforced the positions stated therein, nor does 
it now intend to do so. If OIG were to finalize this proposal, we would 
require updated comments from the public, as reimbursement methods and 
other aspects of the healthcare industry have

[[Page 37822]]

changed in the interim. As a result, OIG is withdrawing the following 
Proposed Rule to eliminate any confusion that could result from their 
presence in the public domain:
    The Proposed Rule, Health Care Programs: Fraud and Abuse; Civil 
Money Penalties for Hospital Physician Incentive Plans (59 FR 61571, 
December 1, 1994), would have codified in regulations OIG's authority 
to levy CMPs when a hospital knowingly makes incentive payments to a 
physician as an inducement for reducing services to Medicare or 
Medicaid beneficiaries).

II. Regulatory Impact

    We expect minimal regulatory impact and reaction because of the 
passage of time since the Proposed Rule was published and because, to 
our knowledge, the public is not currently relying on, and may be 
unaware of, it.

Joanne M. Chiedi,
Acting Inspector General.
    Dated: July 25, 2019.
Alex M. Azar II,
Secretary.
[FR Doc. 2019-16343 Filed 8-1-19; 8:45 am]
 BILLING CODE 4152-01-P