The Office of Inspector General for the U.S. Department of Health and Human Services (HHS-OIG) announced the launch of a portal that will post announcements and information issued by OIG that are related to COVID-19. More significantly, the Portal also establishes a mechanism for individuals or entities to submit questions seeking clarification of how OIG’s oversight authorities may be applied “to an arrangement connected to the COVID-19 public health emergency.” In the announcement, OIG reiterates its commitment to ensuring that health care providers “have the regulatory flexibility necessary to adequately respond to COVID-19 concerns” and explicitly seeks input from the health care community on “the application of OIG’s administrative enforcement authorities,” including the federal anti-kickback statute and the civil monetary penalty provision prohibiting inducements to beneficiaries. Questions soliciting OIG’s views on how these authorities may be implicated by a contemplated arrangement connected to the public health emergency can be submitted to OIGComplianceSuggestions@oig.hhs.gov.
Though OIG notes that the submission of questions does not obligate OIG to take any particular action, including responding, the announcement states that OIG plans to review all submissions and issue responses as “frequently asked questions” (FAQ) that will be regularly updated and made publicly available. This presents an opportunity to solicit more timely OIG feedback that the existing Advisory Opinion process.
We know that the global COVID-19 pandemic has created unprecedented challenges for the health care and life sciences industry.
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