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HHS/OIG | RIN: 0936-AA10 | Publication ID: Spring 2021 |
Title: Fraud and Abuse; Revisions to the Safe Harbors Under the Anti-Kickback Statute and Beneficiary Inducements Civil Monetary Penalties Rules Regarding Beneficiary Inducement | |
Abstract:
This rule is being issued by the Office of Inspector General (OIG) in conjunction with the Department of Health and Human Services’ Regulatory Sprint to Coordinated Care. It adds safe harbor protections under the Federal anti-kickback statute for certain coordinated care and associated value-based arrangements between or among clinicians, providers, suppliers, and others that squarely meet all safe harbor conditions. It also adds protections under the anti-kickback statute and civil monetary penalty (CMP) law that prohibits inducements offered to beneficiaries for certain patient engagement and support arrangements to improve quality of care, health outcomes, and efficiency of care delivery that squarely meet all safe harbor conditions. The rule also modifies some existing safe harbors and adds additional new safe harbors, including a statutory safe harbor and a CMP exception. |
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Agency: Department of Health and Human Services(HHS) | Priority: Economically Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Completed Actions |
Major: Yes | Unfunded Mandates: No |
CFR Citation: 42 CFR 1001.952 42 CFR 1003.110 | |
Legal Authority: Bipartisan Budget Act of 2018 (BBA, Pub. L. No. 115-123), secs. 50341 and 50412 sec. 1128D(b) of the Social Security Act and section 102 of the Social Security Act |
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: Jillian Sparks Senior Counsel Department of Health and Human Services Office of the Inspector General 330 Independence Avenue SW, Room 5527, Washington, DC 20201 Phone:202 619-0335 |