OIG Tips Series ~ Compliance adaptability is one of the tips given by Inspector General Dan Levinson by Inspector General Dan Levinson at HCCA’s Compliance Institute this past spring. In continuing his use of colorful slides from the San Diego area the urban crow was front and center. According to Levinson:
….the urban crow is a great adaptive creature. It actually will figure out that in order to get food it’ll have a nut and it will actually place the nut in a crosswalk on a street so that cars will go over the nut and open it so that it can take advantage of it. And it will do so at times when there are red lights so that cars aren’t coming down the street. It shows just incredible creativity in being able to make sure that it’s actually able to eat what it’s looking for.
Compliance Adaptability in Rehab
The point was made that being adaptable should be built into all of our compliance practices. Levinson mentioned that adaptation is something that the OIG itself is trying to practice themselves! So when it comes, for example, to designing how to take care of compliance problems as they arise, provider should look at a wide range of potential solutions. In describing adaptability as absolutely crucial he further commented:
…………everything from exclusion, which doesn’t allow, really, room to go forward into and to allow people to remain with our programs; to corporate integrity agreements that might run for a duration of three years or five years; to unilateral monitoring; to self-disclosure, institutions that are able to really take upon themselves these problems and resolve them effectively.
So what does this all mean for the rehab provider and their individual compliance plan? Well first of all adaptability does not mean ignoring the laws, but rather an adaptable approach to implementing compliance and addressing issues with a wide range of solutions. Once area in which the OIG has been adaptable has been the approach to the self-disclosure protocol: providers that come forward, admit to a problem, and make a repayment as required, will likely not be subject to a mandatory corporate integrity agreement, and an reduction in the multiplier for any associated civil monetary penalties.
Do you have a compliance plan? Are you exercising adaptability in your approach to compliance? Are you looking at a wide range of solutions for compliance problems that arise?