Resources on the Deficit Reduction Act of 2005 (DRA)
Section 6033 of the Federal Deficit Reduction Act of 2005 (“DRA”) requires entities that make or receive annual Medicaid payments of $5 million or more (“covered entities”) to provide detailed information in written policies applicable to employees, contractors, and agents about the federal False Claims Act and any state laws that pertain to civil or criminal penalties for making false claims and statements to the Government or its agents. This section of the DRA also requires such entities to provide detailed information about whistleblower protection under such laws, along with the role of such laws in preventing and detecting fraud, waste and abuse in federal health care programs. These written policies must also include detailed information about the entity’s policies and procedures for detecting and preventing fraud, waste and abuse. Finally, the DRA requires that each entity’s employee handbook, if the covered entity has one, include a specific discussion of the laws, the right of employees to be protected as whistleblowers, and the entity’s compliance policies. Medicaid Providers that are covered entities, including nursing and assisted living facilities and facilities for the mentally retarded and developmentally disabled (MRDD), must have the policies in place by January 1, 2007.
AHCA has produced information and materials as a guide for those responsible for developing, implementing and overseeing a provider’s compliance with Section 6033 of the DRA. This information and accompanying materials should be used to educate employees about the issues concerning the federal False Claims Act and to customize sample policies and handbook inserts to the unique circumstances of the provider’s needs. AHCA wishes to make it clear that in producing these materials, neither it nor its Legal Committee or any individual on the Committee is engaged in the rendering of legal services.
The following documents are in PDF, and will open in new windows: