The Deficit Reduction Act (DRA) of 2005 (Section 6032) implemented requirements for certain entities to educate their employees regarding false claims recoveries. The DRA also requires state Medicaid agencies to establish policies, procedures, and methodologies for oversight of compliance by these entities.
For these purposes, an entity is defined by a governmental agency, organization, unit, corporation, partnership, or other business arrangement whether for-profit or not-for-profit, which receives or makes Medicaid payments totaling at least $5 million annually. This includes entities furnishing items or services at one or more locations or under more than one contractual or other payment arrangement. It also applies to entities using more than one provider identification number or tax identification number.
Identified entities must establish and disseminate written policies for all employees, contractors, and agents that include detailed information about the False Claims Act. These written policies must be included in the entity’s employee handbook; however, if one does not exist the law does not mandate the creation of an employee handbook.