This Just in: OIG Rules Free Diapers Are Not an Illegal Kickback

Faegre Drinker Biddle & Reath LLP
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The February Profile in Courage Award goes to the Office of Inspector General (OIG) of the Department of Health & Human Services.  In its very first Advisory Opinion of the year, the OIG has boldly proclaimed that a provider may give free diapers to Medicaid mothers without fear of federal indictment for violation of either the Anti-Kickback Statute or the Civil Monetary Penalty rules.

Advisory Opinion No. 15-01, posted February 2, also allows the provider to give Medicaid mothers free portable playpen cribs without fear of prosecution.

This is good news not only for the provider but also for the Medicaid mothers, since receiving a kickback is just as illegal as giving one.  It also spares us the prospect of little tykes giving testimony through playpen bars in an effort to put their mothers behind federal pen bars.

You can’t make this stuff up.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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