what happens when an oig nursing investigation goes to the attorney general

by Dr. Edison Haag 5 min read

An OIG investigation can result in a criminal proceeding only if DOJ accepts it for criminal prosecution. For a case that has been declined for potential criminal prosecution by DOJ, or did not require referral to DOJ, the employee may receive a written advisement to such effect and the employee must then fully cooperate with OIG.

Full Answer

What happens if you are under investigation by the OIG?

A: In addition to the Inspector General Act and the Departmental directives referenced above, OIG investigations are conducted in accordance with the Quality Standards for Investigations issued by the Council of Inspectors General for Integrity and Efficiency (CIGIE), and the Attorney General Guidelines for Offices of Inspectors General with Statutory Law Enforcement Authority. Further, …

What has OIG done for nursing homes?

When someone has become a subject of an OIG inquiry, he or she may hire a lawyer to protect his or her rights and prevent self-incrimination. There are standards that the office must adhere to that may be found in the Executive Council on Integrity and Efficiency published works. Anyone that may be part of an OIG investigation may be an employee of an agency, a contractor with …

How does the Office of Inspector General initiate investigations?

Dec 06, 2018 · Corrective action could include disciplinary consequences, but the OIG does not make that decision, your chain of command does. Being the subject of an OIG investigation is a serious matter not to be taken lightly. If you are a federal employee who is the subject of such an investigation, it is advisable to immediately contact an attorney.

What happens after a nursing home investigates an allegation?

Jan 25, 2018 · The Department of Health and Human Services' Office of the Inspector General (OIG) is charged with identifying and investigating health care fraud and abuse. If you are a health care provider—or you work for one—you may find yourself the target of an OIG investigation. When that happens, you should not panic.

What is the role of the Office of the Inspector General for ensuring quality within a healthcare organization?

Mission: OIG's mission is to provide objective oversight to promote the economy, efficiency, effectiveness, and integrity of HHS programs, as well as the health and welfare of the people they serve.

What does the OIG monitor?

The OIG monitors critical incidents at California Department of Corrections and Rehabilitation institutions and facilities or involving its staff, such as uses of deadly force, unexpected inmate deaths, hunger strikes, and large-scale riots.

What does OIG do in healthcare?

Since its 1976 establishment, the Office of Inspector General (OIG) has been at the forefront of the Nation's efforts to fight waste, fraud and abuse and to improving the efficiency of Medicare, Medicaid and more than 100 other Department of Health & Human Services (HHS) programs.

What are the major responsibilities of the Office of the Inspector General as it relates to coded health care data?

to detect and prevent waste, fraud, abuse, and mismanagement.

How often does the provider check staff against the Office of Inspector General OIG General Services GSA exclusion lists?

once a monthThe OIG suggests checking the list at least once a month, as names are constantly being added or removed. Monthly screening can guarantee that your staff is in compliance and that your facility can continue to serve Medicaid, Medicare, and other government healthcare beneficiaries.Mar 19, 2021

How does someone get on the OIG exclusion list?

Mandatory exclusions are enforced by law and require the OIG to exclude an individual or entity when they are convicted for committing felony crimes — Medicare or Medicaid fraud, or other felony offenses related to state or federal health care programs; felony convictions related to controlled substances; or ...Feb 10, 2020

What happens during an IG investigation?

A: OIG investigates a variety of matters, including allegations of fraud involving Commerce Department grants and contracts; improprieties in the administration of Department programs and operations; allegations of employee misconduct; and other issues concerning ethics and compliance received through OIG's hotline.

What is an OIG exclusion?

An OIG Exclusion is a final administrative action by the Office of the Inspector General (OIG) that prohibits participation in any Federal Health Care Program. Exclusions are imposed because the individual or entity is found to pose unacceptable risks to patient safety and/or program fraud.Sep 5, 2014

What are OIG guidelines?

OIG has developed a series of voluntary compliance program guidance documents directed at various segments of the health care industry, such as hospitals, nursing homes, third-party billers, and durable medical equipment suppliers, to encourage the development and use of internal controls to monitor adherence to ...

Who does the OIG report to?

Who does the Inspector General report to? According to the Inspector General Act, the Inspector General serves under the general supervision of the DHS Secretary and has a dual and independent reporting relationship to the Secretary and the Congress.

What makes something HIPAA compliant?

Ensure the confidentiality, integrity, and availability of all e-PHI they create, receive, maintain or transmit; Identify and protect against reasonably anticipated threats to the security or integrity of the information; Protect against reasonably anticipated, impermissible uses or disclosures; and.

Which of the following types of incidents must be reported to the Office of Inspector General OIG )?

OIG Hotline Operations accepts tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement in the U.S. Department of Health and Human Services' programs.

What is the Office of Inspector General?

The Office of Inspector General investigations deal with various instances of fraud, waste, abuses situations and misconduct in regards to federal employees, contracted workers and entities that have business with the Federal Trade Commission. When the OIG investigates an issue, it usually deals with the administrative, ...

What is the investigation based on?

The investigation is usually based on information garnered through various sources which may include numerous hotlines, referrals, requests by administration and persons that have provided data about potential crimes in progress or known violations.

What is the Office of Evaluation and Inspections?

The Office of Evaluation and Inspections conducts national evaluations of HHS programs from a broad, issue-based perspective. The evaluations incorporate practical recommendations and focus on preventing fraud, waste or abuse and encourage efficiency and effectiveness in HHS programs. The most recent nursing home-related evaluations are listed below.

How many people live in nursing homes?

Nursing homes are intended to be places of comfort and healing. More than 1.4 million individuals live in over 15,500 Medicare- and Medicaid-certified nursing homes across the nation. Most nursing homes in the United States are certified to serve as both skilled nursing facilities, which provide a clinically managed recovery period ...

What is CMS in nursing homes?

HHS' Centers for Medicare and Medicaid Services (CMS) has an essential, ongoing responsibility to oversee nursing homes and shares with State agencies the responsibility for ensuring that nursing homes meet Federal requirements for quality and safety. CMS oversees the State process for certifying nursing homes and provides guidance ...

Is a nursing home safe?

Nursing homes should be environments that are free of harm. However, criminal and civil enforcement actions involving OIG have uncovered misconduct and grossly substandard care in nursing homes. Bad actors perpetrate criminal activity that targets nursing home residents. In other cases, substandard care can result in harm such as costly medical injury, unsafe conditions, and abuse and neglect of residents.

Protect Residents from Fraud, Abuse, and Neglect and Promote Quality of Care

  • Nursing homes should be environments that are free of harm. However, criminal and civil enforcement actions involving OIG have uncovered misconduct and grossly substandard care in nursing homes. Bad actors perpetrate criminal activity that targets nursing home residents. In other cases, substandard care can result in harm such as costly medical injury, unsafe conditio
See more on oig.hhs.gov

Promote Emergency Preparedness and Response Efforts

  • Nursing home residents and their families rely on facility administrators to plan and execute appropriate procedures during emergency events such as emerging infectious disease outbreaks, natural disasters, and life safety threats. Noncompliance with preparedness requirements and plans can place residents at increased risk of injury or death during an emergency. In 2020, OIG …
See more on oig.hhs.gov

Strengthen Frontline Oversight

  • State survey agencies are on the front lines for ensuing nursing home quality and safety. States conduct on-site surveys at nursing facilities to evaluate the care they provide and respond to allegations of noncompliance with Federal requirements from residents, their families, staff, and others. OIG reports have identified shortcomings in State agencies' effectiveness and recomme…
See more on oig.hhs.gov

Support Federal Monitoring of Nursing Homes to Mitigate Risks to Residents

  • HHS' Centers for Medicare and Medicaid Services (CMS) has an essential, ongoing responsibility to oversee nursing homes and shares with State agencies the responsibility for ensuring that nursing homes meet Federal requirements for quality and safety. CMS oversees the State process for certifying nursing homes and provides guidance to States regarding the survey process. OIG …
See more on oig.hhs.gov

Resources

  1. During the COVID-19 pandemic, OIG has identified a spike in the number of reports alleging elder harm and neglect. Also, of great concern is the rise in the number of bad actors preying on Medicare...
  2. OIG annually publishes the top unimplemented recommendations that, in our agency's view, would most positively affect HHS programs in terms of cost savings, program effectiveness …
  1. During the COVID-19 pandemic, OIG has identified a spike in the number of reports alleging elder harm and neglect. Also, of great concern is the rise in the number of bad actors preying on Medicare...
  2. OIG annually publishes the top unimplemented recommendations that, in our agency's view, would most positively affect HHS programs in terms of cost savings, program effectiveness and efficiency, an...
  3. OIG annually identifies top management and performance challenges HHS faces as it strives to fulfill its mission. View challenges regarding nursing homes.