By:  Cristina N. Hyde, J.D.

Last month, the Office of the Inspector General (OIG) published a “Notice of Proposed Rulemaking.”  The proposed rule, entitled “Revisions to the Safe Harbors Under the Anti-Kickback Statute and Civil Monetary Penalty Rules Regarding Beneficiary Inducements,” (84 FR 55694) is part of the Department of Health and Human Services’ “Regulatory Sprint to Coordinated Care,” which seeks to encourage movement towards a value-based healthcare system and promote the coordination of care among various health care providers and settings.

The proposed rule recognizes that the current language of the Federal Anti-Kickback statute, 42 U.S.C. §1320a-7b(b), and the Civil Monetary Penalty (CMP) Rules Regarding Beneficiary Inducement, 42 U.S.C. §1320a-7a(a)(5), requires modification in order to address the rapidly changing climate of the healthcare practice.  An example of this is the proposed incorporation of language which recognizes the use of cybersecurity technology and language relating to electronic health records.

The public comment period for the proposed rule is currently open.  If you wish to submit a formal comment you may do so through December 31, 2019.  As always, Campanella Law Office, LLC will be monitoring the process and will issue an update after the comment period has closed.

If you are interested in more information about the proposed rule you can review the Department of Health and Human Services’ Fact Sheet.  You can also find the proposed rule and a link to submit a formal comment on the Federal Register’s website.