Withdrawal of Proposed Rule “Health Care Programs: Fraud and Abuse; Civil Money Penalties for Hospital Physician Incentive Plans”

 
CONTENT
Federal Register, Volume 84 Issue 149 (Friday, August 2, 2019)
[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Proposed Rules]
[Pages 37821-37822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16343]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of Inspector General
42 CFR Part 1003
RIN 0991-AA45
Withdrawal of Proposed Rule ``Health Care Programs: Fraud and
Abuse; Civil Money Penalties for Hospital Physician Incentive Plans''
AGENCY: Office of Inspector General (OIG), Department of Health and
Human Services (HHS).
ACTION: Withdrawal of Proposed Rule.
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SUMMARY:  This document informs the public that OIG has determined not
to pursue a proposed rule published in the Federal Register and, as a
result, is withdrawing it. OIG is taking this action to avoid any
confusion that could be caused by having this proposal in the public
domain.
DATES: The Proposed Rule listed under Supplementary Information is
withdrawn as of August 1, 2019.
ADDRESSES: Office of Counsel to the Inspector General, Cohen Building,
330 Independence Ave. SW, Washington, DC 20201.
FOR FURTHER INFORMATION CONTACT: Aaron Zajic, Supervisory Project
Manager, Office of Counsel to the Inspector General, Cohen Building,
330 Independence Ave. SW, Washington, DC 20201, 202-619-0335.
SUPPLEMENTARY INFORMATION:
I. Background
A. OIG's Review of Proposed Rules
    Executive Order 13777, entitled ``Enforcing the Regulatory Reform
Agenda'' (82 FR 12285), instructs agencies to review regulations which
should be repealed, replaced, or modified. As a result of a review
undertaken after the issuance of Executive Order 13777, OIG identified
a Proposed Rule (described below), which we do not intend to finalize.
Accordingly, OIG is withdrawing the proposed rule from the Federal
Register.
B. OIG's Withdrawal of the Proposed Rule
    The Proposed Rule that OIG is withdrawing was published in 1994.
OIG neither applied nor enforced the positions stated therein, nor does
it now intend to do so. If OIG were to finalize this proposal, we would
require updated comments from the public, as reimbursement methods and
other aspects of the healthcare industry have
[[Page 37822]]
changed in the interim. As a result, OIG is withdrawing the following
Proposed Rule to eliminate any confusion that could result from their
presence in the public domain:
    The Proposed Rule, Health Care Programs: Fraud and Abuse; Civil
Money Penalties for Hospital Physician Incentive Plans (59 FR 61571,
December 1, 1994), would have codified in regulations OIG's authority
to levy CMPs when a hospital knowingly makes incentive payments to a
physician as an inducement for reducing services to Medicare or
Medicaid beneficiaries).
II. Regulatory Impact
    We expect minimal regulatory impact and reaction because of the
passage of time since the Proposed Rule was published and because, to
our knowledge, the public is not currently relying on, and may be
unaware of, it.
Joanne M. Chiedi,
Acting Inspector General.
    Dated: July 25, 2019.
Alex M. Azar II,
Secretary.
[FR Doc. 2019-16343 Filed 8-1-19; 8:45 am]
 BILLING CODE 4152-01-P