OIG Releases Request for Information on Anti-Kickback Statute and Beneficiary Inducements

The Office of Inspector General (OIG) published a request for information (RFI) seeking stakeholder input on potential new safe harbors to the Anti-Kickback Statute and exceptions to the beneficiary inducement prohibition in the Civil Monetary Penalty Law to remove impediments to care coordination and value-based care.

The RFI is part of a “regulatory sprint to coordinated care” under which the Department of Health and Human Services is undertaking a review of regulations that potentially create barriers to the adoption of alternative payment models and value-based arrangements.  Earlier this year, the Centers for Medicare & Medicaid Services (CMS) released a similar request regarding the physician self-referral (Stark) law.

Comments on the Anti-Kickback RFI are due October 26, 2018.

Additional information from our colleagues at McDermott Will & Emery is available here.


For more information on the Quality Payment Program visit the McDermottPlus Payment Innovation Resource Center or contact Mara McDermott at 202-204-1462, mmcdermott@mcdermottplus.com.