The Department of Health and Human Services’ Office of Inspector General has issued a final rule making sweeping changes to the regulations implementing the Anti-Kickback Statute and the civil monetary penalty rules regarding beneficiary inducements, many of which will result in greater flexibility and reduced administrative burdens for the health care industry. The most notable beneficiary inducement-related change is the addition of a safe harbor to protect patient engagement tools and support services furnished by participants in a value-based arrangement to patients in a target population. It also finalized a new safe harbor for remuneration provided in connection with certain payment and care delivery models.
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HHS Finalizes Highly Anticipated Final Rules Amending Anti-Kickback Statute and Stark Law Regulations, Part 2: Beneficiary Inducement
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