Which statement correctly describes the use of SDP and SDRP for Stark Law and AKS violations?

Which statement correctly describes the use of SDP and SDRP for Stark Law and AKS violations?

• A. SDP applies to Stark Law violations and SDRP applies to AKS violations.
• B. SDP applies to AKS violations and SDRP applies to Stark Law violations.
• C. Both apply to Stark Law.
• D. Neither applies.

Answer: (B)

Two separate Self-Disclosure Protocols address potential violations of healthcare fraud statutes. The Self-Disclosure Protocol is the process used for Anti-Kickback Statute violations, providing a structured, voluntary path to disclose facts to the OIG (and sometimes DOJ) with remediation steps, where timely and complete disclosures can lead to reduced penalties. The Stark Law has its own Self-Disclosure Protocol, the Stark Law Self-Disclosure Protocol, with a similar purpose but tailored terms for Stark Law issues. Therefore, the correct description is that the Self-Disclosure Protocol applies to AKS violations and the Stark Law Self-Disclosure Protocol applies to Stark Law violations.

Two separate Self-Disclosure Protocols address potential violations of healthcare fraud statutes. The Self-Disclosure Protocol is the process used for Anti-Kickback Statute violations, providing a structured, voluntary path to disclose facts to the OIG (and sometimes DOJ) with remediation steps, where timely and complete disclosures can lead to reduced penalties. The Stark Law has its own Self-Disclosure Protocol, the Stark Law Self-Disclosure Protocol, with a similar purpose but tailored terms for Stark Law issues. Therefore, the correct description is that the Self-Disclosure Protocol applies to AKS violations and the Stark Law Self-Disclosure Protocol applies to Stark Law violations.