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HHS/OIG | RIN: 0936-AA06 | Publication ID: Spring 2017 |
Title: Medicare and State Health Care Programs: Fraud and Abuse; Revisions to Safe Harbors Under the Anti-Kickback Statute, and Civil Monetary Penalty Rules Regarding Beneficiary Inducements and Gainsharing | |
Abstract:
This final rule amends the safe harbors to the anti-kickback statute and the civil monetary penalty rules under the authority of the OIG. The final rule adds new safe harbors, some of which codify statutory changes set forth in the Medicare Prescription Drug Improvement and Modernization Act of 2003 (MMA) and the Affordable Care Act (ACA) designed to protect certain payment practices and business arrangements from criminal prosecution and civil sanctions under the anti-kickback provisions of the statute. OIG also codified these ACA's revised definition of "remuneration" and added a gainsharing civil monetary penalty provision in 42 CFR part 1003. |
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Agency: Department of Health and Human Services(HHS) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Completed Actions |
Major: No | Unfunded Mandates: No |
CFR Citation: 42 CFR 1001 42 CFR 1003 | |
Legal Authority: Pub. L. 111-148, 124 Stat. 119 (2010), as amended by the Health Care and Education Reconciliation Act of 2010 (ACA) |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Heather L. Westphal Senior Counsel Department of Health and Human Services Office of the Inspector General 330 Independence Avenue SW, Washington, DC 20201 Phone:202 619-0335 Email: heather.westphal@oig.hhs.gov Patrice S. Drew Regulations Analyst Department of Health and Human Services Office of the Inspector General 330 Independence Avenue SW., Washington, DC 20201 Phone:202 619-1368 Email: patrice.drew@oig.hhs.gov |