What are the requirements - Why checking is required for all federal programs not just health care:
- By Executive Order 12689 A party excluded from one program is excluded from all federal programs, at any level. All state agencies follow this rule and require it from any entity receiving money from them. 1989
- In January 2009 CMS requires all providers conduct monthly checks of all employees and contractors against the OIG list of excluded individuals and entities. (LEIE)
- Later in 2009 the OIG tied this requirement to the Excluded Party List Systems run by GSA.
- Many states require checking of their own list. For example the New York state Office of the Inspector General requires providers check their list as well as the OIG's.
- THE PRESIDENT’S PROPOSAL
February 22, 2010
Policies to Crack Down on Waste, Fraud and Abuse
Comprehensive Sanctions Database.The President’s Proposal establishes a comprehensive Medicare and Medicaid sanctions database, overseen by the HHS Inspector General. This database will provide a central storage location, allowing for law enforcement access to
information related to past sanctions on health care providers, suppliers and related entities.
(Source: H.R. 3400, “Empowering Patients First Act” (Republican Study Committee bill))
- You should check all available list because of the nature of the individuals and parties identified on them.
- You should include appropriate language in all contracts. An Example of possible language can be found here.
See the linked news story to see an example of a person only listed on a state list.
Additional Information on the requirements can be found here
Additional State data bases in process include Florida, Pennsylvania, Ohio, and Connecticut. All will be updated monthly and matched at no additional charge.
Kchecks© combines federal lists, and list from a number of states, to make checking easy, systematic, and complete.
All is done for a low cost annual fee.