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HHS/OIG RIN: 0936-AA13 Publication ID: Fall 2023 
Title: ●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.

Agency: Department of Health and Human Services(HHS)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 42 CFR 1001.952   
Legal Authority: 42 U.S.C. 1320a–7b(b)(3)(L)    42 U.S.C. 1320a–7d(a)(3)    42 U.S.C. 1302, 1320a–7   
Legal Deadline:  None
Action Date FR Cite
NPRM  08/00/2024 
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