August 28, 2018
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.