0936-AA13 202310 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 0936 Office of the Inspector General OIG 0900 Department of Health and Human Services HHS Medicare and State Health Care Programs: Fraud and Abuse; Establishment of New Safe Harbors Under the Federal Anti-Kickback Statute

The proposed rule would: (i) Propose a safe harbor to implement a statutory exception, enacted through the Consolidated Appropriations Act of 2023, to protect certain bona fide mental health and behavioral health improvement or maintenance programs provided by hospitals, ambulatory surgical centers, community health centers, rural emergency hospitals, skilled nursing facilities, or similar entities, as determined by the Secretary, to physicians or other clinicians; and (ii) propose a safe harbor to protect certain evidence-based contingency management programs for the treatment of substance use disorders.

]]> Substantive, Nonsignificant First Time Published in The Unified Agenda Proposed Rule Stage No No 42 CFR 1001.952 42 U.S.C. 1320a–7b(b)(3)(L) 42 U.S.C. 1320a–7d(a)(3) 42 U.S.C. 1302, 1320a–7 No NPRM 08/00/2024 No No None No No No No Heather Westphal L. Senior Counsel 0936 Office of the Inspector General OIG 202 619-0335 heather.westphal@oig.hhs.gov 330 Independence Avenue SW, Washington DC 20201