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OMIG Finalizes Compliance Program Regulations and Issues Guidance: Enforcement Begins March 28, 2023

As a follow-up to our October 2022 Compliance Update, the awaited final New York State Office of the Medicaid Inspector General (OMIG) amended compliance program regulations were published in the New York State Register on December 28, 2022. The final regulations had very few revisions as compared to the regulations proposed, which we summarized in the October 2022 newsletter.
 
Pursuant to New York Social Services Law § 363-d(3)(c), enforcement of OMIG’s new compliance program regulations will not begin until 90 days after the regulations’ effective date, meaning enforcement may begin on March 28, 2023. These changes require providers to review and revise their compliance program–related documents and dedicate additional resources to ensure compliance with the new requirements. 

On January 31, 2023, OMIG posted on its website comprehensive guidance related to the new regulations, including Compliance Program Guidance and Self-Disclosure Program Requirements Guidance, and Medicaid Managed Care Fraud, Waste, and Abuse Prevention Programs Guidance.

OMIG’s new regulatory obligations require a review of any compliance programs that providers may currently have in place. Attorneys on Barclay Damon’s Health & Human Services Providers Team are available to assist with reviewing and revising compliance plans and programs and will continue to monitor any developments and best practices.

If you have any questions about Barclay Damon LLP or its service offerings, please contact Margaret Surowka, partner, at msurowka@barclaydamon.com; Fran Ciardullo, special counsel, at fciardullo@barclaydamon.com; Bridget Steele, counsel, at bsteele@barclaydamon.com; or another member of Barclay Damon’s Health & Human Services Providers Team.

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