HHS watchdog eyes anti kickback safe harbors for care coordination beneficiary incentives and cost sharing

On Monday, the Department of Health and Human Services (HHS) Office of the Inspector General (OIG) published a wide-ranging request for information (RFI) seeking ideas on how it might add or modify safe harbors to the Anti-Kickback Statute (AKS) and exceptions to the beneficiary inducement provisions of the Civil Monetary Penalty (CMP) statute that would promote care coordination and value-based payment systems, while also safeguarding against the risks posed by fraud and abuse.

The RFI offers an opportunity for health care providers, manufacturers, payers, and others to seek greater clarity on how federal fraud and abuse laws may apply to arrangements they have considered or may consider in the future. The RFI also presents the opportunity to advocate to the OIG for more expansive safe harbors and exceptions protecting value-based arrangements, beneficiary incentives, or other arrangements that may advance important public health or policy goals but are not clearly protected under the AKS or CMP statute.

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