Recently, DIDD underwent an audit related to the department’s compliance with the Deficit Reduction Act of 2005 (DRA). Section 6032 of the DRA requires all covered entities, i.e., those contractors that receive or make annual Medicaid payments of $5 million or more, to educate employees, contractors or agents about certain fraud and abuse laws, including the reporting of false claims and whistleblower protections.
As a reminder, agencies that fall within this financial threshold are required to complete the Deficit Reduction Act questionnaire which is provided and reviewed as part of the Fiscal Accountability Review (FAR) each year. It is important for agencies to have an appropriate management staff member sign the questionnaire on the last page. This attests that the agency has educated its employees about these important issues. There are two lines for this signature. The management staff member should print his/her name and title on the first line and then sign on the signature line.
Additionally, the DRA requires that if the covered entity has an employee handbook, the handbook include a specific discussion of the fraud and abuse laws, the right of employees to be protected as whistleblowers and the entity’s compliance policies. To clarify, a provider is not required to have an employee handbook for the purpose of DRA compliance. However, if the provider has an employee handbook, it must include information about reporting false claims and whistleblower protections, even if the information is provided to employees elsewhere.
Thank you for your attention to these details concerning the DRA. Should you have questions, or if you would like a copy of the questionnaire for reference, please contact Laura Key, FAR Director, at [email protected].
