DRA Employee Information Requirements,
Summary of CMS Teleconference
January 11, 2007
On January 11, 2007 the Centers for Medicare & Medicaid Services hosted a question-and-answer session on the Deficit Reduction Act requirement that states impose an obligation on health care providers and others that receive at least $5 million annually in Medicaid payments to establish written policies and procedures to educate their employees, contractors and agents about the federal False Claims Act. The DRA required state Medicaid agencies to implement the requirements by Jan. 1, 2007. During the call CMS officials acknowledged that many of the requirements were confusing and ambiguous. Among several clarifications made, they said "education" requires the dissemination of information but does not require training; "contractor" or "agent" does not include a physician on a hospital's medical staff based solely on that physician having privileges or treating patients in the hospital; and "adoption" of policies by a contractor or agent does not require the amendment of existing contracts. CMS officials noted that their comments were not official statements of policy. They will further review the questions and concerns raised in the call and an earlier one with state Medicaid representatives and develop written responses and clarifications as soon as possible. Additional questions and comments can be submitted to CMS at Medicaid_integrity_program@cms.hhs.gov. AHA’s outside counsel, Hogan & Hartson, has prepared a summary based on notes taken during the call. While CMS announced that the call was being taped, it did not commit to making a transcript available. If you have any questions related to this information, please contact Maureen Mudron, Washington counsel, firstname.lastname@example.org or 202.626.2301.