OIG Proposed Rule to Expand Safe Harbors under the Anti-Kickback Statute and Exemptions under Civil Monetary Penalties Law -

The Department of Health and Human Services, Office of Inspector General (OIG) released a proposed rule on October 2, 2014 (published in the Federal Register on October 3, 2014)1 that would add new safe harbors to the Federal Anti-Kickback Statute (AKS),2 expand exemptions from the definition of “remuneration” under the Civil Monetary Penalties Law (CMP)3 and add a Gainsharing CMP provision to the regulations. The OIG is soliciting comments regarding this proposed rule until 5 p.m. Eastern Standard Time on December 2, 2014.

AKS Safe Harbor Expansion -

The proposed rule will expand the AKS safe harbors to cover additional arrangements not previously protected. In addition to a technical correction to the existing referral services safe harbor, new protections will apply to…