OIG Issues Request for Information Regarding the Anti-Kickback Statute and Beneficiary Inducements Civil Monetary Penalty

King & Spalding

On August 27, 2018, the Office of Inspector General (OIG) of the Department of Health & Human Services (HHS) published a request for information (RFI) inviting comments regarding the Anti-Kickback Statute and Beneficiary Inducements Civil Monetary Penalty, in an effort to address regulatory provisions that may act as barriers to coordinated care or value-based care.

In the RFI, OIG acknowledges that the broad reach of the Anti-Kickback Statute and beneficiary inducements civil monetary penalty (CMP) provisions may impede beneficial arrangements that could advance coordinated care. As such, OIG explains that it seeks to identify ways it might modify or add new safe harbors to the Anti-Kickback Statute and exceptions to the beneficiary inducements CMP definition of remuneration. OIG’s goal is to facilitate arrangements that would promote care coordination and advance the delivery of value-based care, while also guarding against potential fraud and abuse. Specifically, OIG solicits comments regarding several key areas including:  promoting care coordination and value-based care, beneficiary engagement, fraud and abuse waivers, cybersecurity, the ACO beneficiary incentive program, telehealth, and the intersection of the Stark Law and Anti-Kickback Statute.

Comments on the RFI must be received by OIG no later than October 26, 2018.  The RFI is available here.

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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