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A federally qualified health center (FQHC) received the go-ahead of the Office of Inspector General (OIG) to offer $20 gift cards as one-time incentives for pediatric patients who have previously missed at least two care appointments to reschedule and attend their appointments. The OIG reviewed the proposed incentive arrangement in Advisory Opinion No. 20-08, issued in December 2020, and determined that offering and providing the gift cards, as proposed by the FQHC, presents a low risk of fraud and abuse and does not constitute grounds for the imposition of sanctions under the under the Anti-Kickback Statute or the beneficiary inducement civil monetary penalties (CMP) law.
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From December 23, 2020 through December 31, 2020, the OIG issued several advisory opinions. The advisory opinions analyzed (1) a program for a pharmaceutical manufacturer to provide financial assistance to certain patients, (2) a proposal from a qualified health center to offer gift cards to incentivize certain patients to attend preventative appointments, (3) a proposed web-based platform where health care facilities and clinicians could remit to patients and payors a portion of claims for which payment may be made by the Medicare program as a secondary payor, and (4) a management company’s provision of below fair market value Medicaid enrollment application assistance services and affiliated skilled nursing facilities’ payments for those services.