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White Paper: OIG Finalizes New and Revises Existing AKS Safe Harbors and Creates New CMP Law Exception | K&L Gates LLP

To embed, copy and paste the code into your website or blog: On 2 December 2020, the Office of Inspector General (OIG) in the U.S. Department of Health & Human Services (HHS) issued a long-awaited final rule (the Final Rule or Rule). 3The Final Rule adds multiple new safe harbors, revises several existing safe harbors under the federal Anti-Kickback Statute (AKS), and adds new protections under the Civil Monetary Penalties Law (CMP Law) which were first addressed in the 17 October 2019 proposed rule. 4 The Final Rule is a key part of HHS’s Regulatory Sprint to Coordinated Care, which aims to remove potential regulatory barriers to care coordination and value-based care created by applicable health care laws. HHS identified the broad reach of the AKS and the prohibition on beneficiary inducements in the CMP Law as potentially inhibiting beneficial arrangements that would advance the transition to value-based care and improve the coordination of patient care among providers and ac

OIG Finalizes New and Revises Existing AKS Safe Harbors

White Paper: OIG Finalizes New and Revises Existing AKS Safe Harbors and Creates New CMP Law Exception Wednesday, January 20, 2021 On 2 December 2020, the Office of Inspector General (OIG) in the U.S. Department of Health & Human Services (HHS) issued a long-awaited final rule (the Final Rule or Rule). 3The Final Rule adds multiple new safe harbors, revises several existing safe harbors under the federal Anti-Kickback Statute (AKS), and adds new protections under the Civil Monetary Penalties Law (CMP Law) which were first addressed in the 17 October 2019 proposed rule. 4 The Final Rule is a key part of HHS’s Regulatory Sprint to Coordinated Care, which aims to remove potential regulatory barriers to care coordination and value-based care created by applicable health care laws. HHS identified the broad reach of the AKS and the prohibition on beneficiary inducements in the CMP Law as potentially inhibiting beneficial arrangements that would advance the transition to va

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