HHS-OIG Finalizes Wide-Ranging Amendments to Civil Monetary Penalties Regulations and Anti-Kickback Statute Safe Harbors

On December 7, 2016, the HHS-Office of Inspector General (OIG) released two long-awaited final rules relating to its enforcement of the Anti-Kickback Statute (AKS) and Civil Monetary Penalties Law (CMPL). The final regulations adopt new safe harbors to the AKS and new exceptions to the Beneficiary Inducement CMPL, and provide new guidance on the factors OIG will consider in imposing penalties and exclusions under the CMPL. Together, the final regulations make wide-ranging changes to key fraud and abuse laws that affect nearly every sector of the healthcare industry.

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