The Department of Justice (DOJ) Civil Division and the Department of Health and Human Services (HHS), through its Office of the General Counsel, Office of Inspector General (OIG), and Centers for Medicare & Medicaid Services (CMS), announced a new Healthcare Self-Disclosure Pilot Program (FCA SDPP). It gives health care companies a defined pathway to resolve civil False Claims Act (FCA) liability and certain HHS administrative matters, including Medicare enrollment revocation and permissive exclusion for false or improper claims and fraud or other prohibited activities.
The pilot program is temporary: disclosures must be submitted by 11:59 pm on April 22, 2027. Late or incomplete submissions will not be accepted or reviewed. The announcement does not indicate whether a permanent self-disclosure option will follow, so health care companies should assess now whether to participate.
The program covers companies that furnish, arrange for, manufacture, distribute, insure, administer, or bill for items or services paid for directly or indirectly by a federal health care program, but it is notably silent with respect to individuals. Disclosures must concern potential FCA violations unknown to the federal government; if the government already knows of the conduct, self-disclosure and cooperation credit under Justice Manual § 4-4.112 may still be available.
Separate disclosures through other civil programs, such as the OIG Self-Disclosure Protocol or CMS...
The Department of Justice (DOJ) Civil Division and the Department of Health and Human Services (HHS), through its Office of the General Counsel, Office of Inspector General (OIG), and Centers for ...