Medicare & State Health Care Programs: Fraud & Abuse; Revisions To Safe Harbors Under The Anti-Kickback Statute & Civil Monetary Penalty Rules Regarding Beneficiary Inducements & Gainsharing

On October 3, 2014, the Office of the Inspector General (OIG) for the federal Department of Health and Human Services (HHS) proposed regulations that could reduce legal barriers to health plan, hospital, and provider organizations programs intended to promote care coordination and improve Medicare and Medicaid beneficiary access to care. The provisions of the proposed rule would modify the anti-kickback, safe harbor regulations, and civil monetary penalty (CMP) rules to allow programs that provide discounts on out-of-pocket cost sharing for health care services and medications, and allow programs that give patients free health-related items or services . . .