The following information is presented by the Aging and Long-Term Support Administration (ALTSA) and Developmental Disabilities Administration (DDA) as a resource to providers regarding the Deficit Reduction Act (DRA) of 2005.
Provider entities who receive more than $5 million annually under the State Plan approved under Title XIX or under any waiver of such plan approved under Section 1115 must provide employee education about False Claims Act compliance.
Providers who are subject to the requirements of Section 6032 are encouraged to consult with their legal counsel, Board of Directors and other applicable advisors to ensure compliance as well as regarding the development and implementation of policies required under this section.
Please consult the full text of the Social Security Act for all details. In summary, affected entities are required to:
- establish written policies for all employees, including management, and contractors or agents, to include detailed information about the False Claims Act, administrative remedies for false claims, and include references to Washington State's False Claims Act.
- include whistleblower protections under such laws;
- include detailed policies and procedures for detecting and preventing fraud, waste, and abuse;
- include these requirements and protections in any employee handbook.
Federal Laws and Guidance
- Section 6032 of the Deficit Reduction Act
- Section 1902(a)(68) of the Social Security Act (42 USC §1396a(a)(68))
- Federal False Claims Act 31 USC Sections 3729-3733
- Administrative Remedies for False Claims and Statements 31 USC Sections 3801 et seq
- FAQ by CMS regarding DRA Requirements and False Claims Act compliance
- CMS Guidance to States regarding False Claims Act (2006)
State Laws
- Washington Medicaid Fraud False Claims Act RCW 74.66