The best way to write an HHS OIG complaint to increase the chances of the complaint being investigated is to prepare a narrative explaining the nature, scope, and time frame of the activity being complained about, and how you came to learn about the activity. When you submit the complaint, the chances of the complaint being investigated are further improved if you can provide supporting evidence and the contact information of a third party who can corroborate the narrative.
Each year, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) receives thousands of complaints, tips, and reports of alleged fraud, waste, and abuse in Federal healthcare programs. HHS OIG does not have the resources to investigate every one, so it prioritizes complaints according to the type of activity and the evidence submitted to support the complaint.
In addition, HHS OIG only has the authority to investigate complaints relating to certain activities, and many complaints can be rejected after being reviewed for relevance. The activities HHS OIG has the authority to investigate include:
- Whistleblower complaints about fraud, waste, and abuse in HHS programs.
- False or fraudulent (overpriced) claims submitted to Medicare or Medicaid.
- Kickbacks or inducements for referrals by Medicare or Medicaid providers.
- Medical identity theft involving Medicare and/or Medicaid beneficiaries.
- The failure of a hospital to evaluate and stabilize an emergency patient.
- Patient abuse or neglect in nursing homes and long-term care facilities.
- Human trafficking by HHS employees, grantees, and contractors.
- Crimes, gross misconduct, or conflicts of interest involving HHS employees, recipients of HHS grants, or HHS contractors.
Complaints relating to Medicare policies, coverage, claims, and payment decisions, Social Security fraud, identity theft unrelated to HHS programs, and discrimination within HHS departments are not investigated by HHS OIG. Complaints of this nature will be rejected on review without the complainant being notified of the decision. Therefore it is important that when you write an HHS OIG complaint, the nature of the activity is one that HHS OIG has the authority to investigate.
How to Submit an HHS OIG Complaint
There are various ways to submit an HHS OIG complaint. The most effective is the online OIG HHS Hotline because this method of submitting an HHS OIG complaint allows complainants to upload documents in support of the complaint electronically. Alternative methods such as mail and fax are not so easy to use; and, if you use mail, you are advised not to send original documents, digital media, or physical devices because these will not be returned even if the complaint is rejected.
When you submit an HHS OIG complaint online, you also have the option of requesting confidentiality inasmuch as your identity is only known to HHS OIG investigators (unless a disclosure is required by law). You may also submit complaints anonymously, but this course of action precludes HHS OIG from investigating a complaint as a whistleblower retaliation complaint, and may hinder the initial review and/or the subsequent investigation into your compliant.
If your complaint is investigated and upheld, there are several potential outcomes depending on the nature of the activity. Most upheld fraud, waste, and abuse complaints and violations of the HHS OIG anti-kickback regulations are resolved by a civil monetary penalty and/or a Corporate Integrity Agreement. However, more serious complaints, criminal complaints, and the failure of a hospital to evaluate and stabilize an emergency patient are likely to result in exclusion from HHS programs.
Individuals concerned about the potential consequences of submitting an HHS OIG complaint – or who need help to write an HHS OIG complaint – are advised to speak with an HHS OIG advisor on 1-800-477-8477 (1-800-HHS-TIPS). Alternatively, if you would prefer independent advice before speaking with an HHS OIG advisor, it is recommended you speak with a legal professional who has experience in healthcare regulatory compliance.
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