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DOD/DODOASHA RIN: 0720-AB74 Publication ID: Spring 2020 
Title: Civil Money Penalties and Assessments Under the Military Health Care Fraud and Abuse Prevention Program 
Abstract:

This rule will implement authority provided to the Secretary of Defense under section 1128A(m) of the Social Security Act (42 U.S.C. 1320a-7a(m)). This authority allows the Secretary of Defense as the administrator of a Federal healthcare program to impose civil monetary penalties (CMPs or penalties) as described in 1128A of the Social Security Act against providers and suppliers who commit fraud and abuse in the TRICARE program. This rule establishes a program within the DoD to impose civil monetary penalties for certain such unlawful conduct in the TRICARE program. To the extent applicable, we are adopting the Department of Health and Human Service’s (HHS’s), well-established CMP rules and procedures. This will enable both TRICARE and TRICARE providers to rely upon Medicare precedents and guidance issued by the HHS Office of Inspector General regarding conduct that implicates the civil monetary penalty law. The program to impose civil monetary penalties in the TRICARE program shall be called the Military Health Care Fraud and Abuse Prevention Program.

 
Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 32 CFR 199    32 CFR 200   
Legal Authority: 5 U.S.C. 301    10 U.S.C. ch. 55   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  05/01/2019  84 FR 18437   
NPRM Comment Period End  07/01/2019 
Final Action  06/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Michael Zleit
Attorney, DHA
Department of Defense
Office of Assistant Secretary for Health Affairs
7700 Arlington Boulevard, Room 5101,
Falls Church, VA 22042
Phone:703 681-6756
Email: michael.j.zleit.civ@mail.mil