Q&A: Reporting Other Adjudicated Actions or Decisions
After he disclosed conduct to the OIG as part of a settlement agreement, a physician agreed to pay $30,000 for allegedly violating the Civil Monetary Penalties Law. The physician disclosed that he employed an individual who he knew or should have known was excluded from participation in federal health care programs. The settlement did not involve a finding or admission of liability. Should this be reported to the NPDB as an "other adjudicated action or decision"?
No. Settlements in which no findings or admissions of liability have been made are statutorily excluded from being reported to the NPDB. Therefore, the OIG should not report the payment made as part of a settlement in which there was no finding of liability. However, if the OIG had taken an action in conjunction with this settlement and that action otherwise met NPDB reporting requirements (e.g., an exclusion from participation in federal health care programs), that action must be reported.