Key Legislative Milestones and Statutory Provisions in Program Integrity

Comprehensive Addiction and Recovery Act of 2016 (CARA, P.L. 114-198) excludes certain abuse-deterrent drug formulations from the definition of line-extension drugs in the Medicaid drug rebate program. Additionally, the statute:

Key Program Integrity Provisions in the Social Security Act

Year
Section 1893(g) Medicare-Medicaid Data Match program
Section 1902(a)(4) and Section 1903(u) Medicaid Eligibility Quality Control (MEQC) program
Section 1902(a)(4)(C) Conflict-of-interest standards
Section 1902(a)(25) Third-party liability
Section 1902(a)(30)(A) Payment methods and procedures to safeguard against unnecessary utilization, consistent with efficiency, economy, and quality, and to provide access equal to the general population
Section 1902(a)(37) Procedures for prepayment and postpayment claims review, including review of appropriate data with respect to the recipient and provider of a service and the nature of the service for which payment is claimed, to ensure the proper and efficient payment of claims and management of the program
Section 1902(a)(39) Termination of provider participation under Medicaid if this provider has been terminated under Medicare or another state’s Medicaid program
Section 1902(a)(42)(B) Recovery Audit Contractors for the Medicaid program
Section 1902(a)(46)(A) State Income and Eligibility Verification System (also in Section 1137)
Section 1902(a)(46)(B) Citizenship documentation
Section 1902(a)(61) A state must effectively operate a Medicaid Fraud Control Unit, unless it can show that such efforts would not be cost-effective because minimal fraud exists and enrollees will be protected from abuse and neglect without such a unit
Section 1902(a)(77) State compliance with provider screening, oversight, and reporting requirements in Section 1902(kk)
Section 1902(a)(79) Requires billing agents, clearinghouses, and other alternate payees that submit claims on behalf of a provider to register with the state and HHS
Section 1902(a)(80) Prohibits payment for items and services to any financial institution or entity located outside the United States
Section 1902(e)(13) Express lane eligibility
Section 1902(ee) Provides states with the option to verify citizenship through the Social Security Administration data match
Section 1902(kk) Provider and supplier screening, oversight, and reporting requirements
Section 1903(a)(6) Federal match for Medicaid Fraud Control Unit expenses
Section 1903(d)(2) Allows states one year to return the federal share of most overpayments
Section 1903(i)(2) Prohibits payments to an individual or entity excluded from the program
Section 1903(q) Requirements Medicaid Fraud Control Units must meet
Section 1903(r)(1)(B)(iv) National Correct Coding Initiative
Section 1903(r)(1)(F) Requires states to report expanded set of data elements under MMIS to detect fraud and abuse
Section 1903(x) Citizenship documentation
Section 1909 State False Claims Act requirements for increased state share of recoveries
Section 1921 Information reporting requirements concerning sanctions taken by state licensing authorities against health care practitioners and providers
Section 1927(g) Drug use review
Section 1932(d) Protections against fraud and abuse in managed care
Section 1936 Medicaid Integrity Program
Section 1124 Disclosure of ownership and related information
Section 1126 Disclosure by institutions, organizations, and agencies of owners and certain other individuals who have been convicted of certain offenses
Section 1128 Exclusion of certain individuals and entities from participation in Medicare and state health care programs
Section 1128A Civil monetary penalties
Section 1128B Criminal penalties for acts involving federal health care programs
Section 1128C Fraud and Abuse Control Program
Section 1128D Guidance regarding application of health care fraud and abuse sanctions
Section 1128E Health Care Fraud and Abuse Data Collection Program
Section 1128F Coordination of Medicare and Medicaid surety bond provisions (applies only to home health agencies)
Section 1128G Transparency reports and reporting of physician ownership or investment interests
Section 1128H Reporting information relating to drug samples
Section 1128I Accountability requirements for facilities (skilled nursing facilities and nursing facilities)
Section 1128J Medicare and Medicaid program integrity provisions
Section 1137 Requirements for state income and eligibility verification systems (also in Section 1902(a)(46)(A))
Section 1156 Obligations of health care practitioners and providers of health care services, sanctions and penalties, hearings and review