The New York State Office of the Medicaid Inspector General (“OMIG”) recently issued a listserv to clarify the August 22, 2023, publication of its Abbreviated Self-Disclosure Process. No changes were announced to the Self-Disclosure Program Requirements Instructions & Guidelines August 2023. The Instructions and Guidelines include internal links to forms to be used in making the self-disclosures under either method.
OMIG’s listserv seeks to clarify that the August 22nd publication of the Abbreviated Self-Disclosure Process (“Abbreviated Process”) applies on a prospective basis. OMIG expects that the Abbreviated Process applies only to voids and adjustments made on or after August 22, 2023. It appears that for voids and adjustments made prior to August 22, 2023, the Abbreviated Process is not applicable.
OMIG expected the first full month of reporting under the Abbreviated Process would reflect reports (voids and adjustments) being performed during the month of September 2023.
The Abbreviated Process requires submission of the Abbreviated Self-Disclosure Form (together with the spreadsheet) by the 5th day of the month following when the void or adjustments were made. September repayments would need to be reported and explained by October 5, 2023, under the Abbreviated Process.
OMIG’s language is not the clearest, but it appears any voids/adjustments done prior to August 22, 2023, would not be eligible for the Abbreviated Process. It does appear that if routine or transactional overpayments were identified prior to August 22, 2023, but were not voided or adjusted until August 22, 2023, or later, those post Aug 22 voids or adjustments could be included in the Abbreviated Process.
The Abbreviated Process does not change the requirement that Overpayments must be reported, repaid and explained within 60 days of the Overpayment being identified.
Please contact Matthew Babcock at mbabcock@harrisbeachmurtha.com if you would like to engage Harris Beach to assist you in making self-disclosures or if you would like any more information on OMIG’s Self-Disclosure processes.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach has offices throughout New York state, including Albany, Buffalo, Ithaca, New York City, Rochester, Saratoga Springs, Syracuse, Uniondale and White Plains, as well as Washington D.C., New Haven, Connecticut and Newark, New Jersey.
