OIG investigations and physicians' rights

The Office of the Inspector General (OIG) was established to investigate the programs of the US Department of Health and Human Services (HHS). It recommends policy to promote economy and efficiency in the administration of HHS programs and also informs Congress about the problems and deficiencies of such programs (1). The President appoints the inspector general with the advice and consent of the Senate. While the inspector general is under the supervision of the secretary of HHS, he may be removed from office only by the President (2). The OIG's authority is wide ranging. It has a staff with specific responsibility for anti-fraud and abuse activities (3). The inspector general has access to all records that are available to HHS and which relate to programs the inspector general has the responsibility to police. It also may subpoena all records and evidence necessary for performance of its duties, which are enforceable by the order of any United States District Court (4). Of particular interest to physicians is the OIG's authority to take certain actions against physicians and against a hospital or other facility that has a contract to participate in Medicare or Medicaid.