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

Published date02 August 2019
Citation84 FR 37821
Record Number2019-16343
SectionProposed rules
CourtInspector General Office
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.
                -----------------------------------------------------------------------
                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                withdrawn as of August 1, 2019.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                should be repealed, replaced, or modified.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
                

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