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HHS/OS RIN: 0991-AB73 Publication ID: Fall 2010 
Title: ●Exceptions to the Beneficiary Inducement Prohibition for Certain Arrangements 
Abstract: This proposed rule will codify section 6402(d)(2)(B) of the Affordable Care Act of 2010, entitled “Clarification of Treatment of Certain Charitable and Other Innocuous Programs.” Section 1128A(a)(5) of the Social Security Act provides for a civil monetary penalty for certain inducements offered to Medicare and Medicaid beneficiaries. Section 6402(d)(2)(B) of the ACA adds four exceptions to the definition of remuneration at section 1128A(i)(6) of the Social Security Act for purposes of section 1128A(a)(5): certain remuneration which promotes access to care and poses a low risk of harm to patients and Federal health care programs (as defined in section 1128(f) of the Social Security Act and designated by the Secretary under regulations); certain offers or transfers in connection with retail rewards programs; certain unadvertised transfers of items or services to beneficiaries experiencing financial need; and certain waivers by PDP sponsors of Part D plans or MA organizations offering MA-PD plans of copayments otherwise owed by their enrollees for the first fill of a covered Part D drug that is a generic drug. 
Agency: Department of Health and Human Services(HHS)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: Undetermined 
CFR Citation: 42 CFR 1003.101   
Legal Authority: PL 111-148, sec 6402   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  04/00/2011    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Patrice S. Drew
Regulations Analyst
Department of Health and Human Services
330 Independence Avenue SW,
Washington, DC 20201
Phone:202 619-1368
Email: patrice.drew@hhs.gov