The OIG Solicits New Anti-Kickback Safe Harbors

The Office of Inspector General issues annual notice to solicit new proposals and recommendations for developing new and modifying existing safe harbors provisions under the Federal anti-kickback statute. Section 1128B (b) of the Social Security Act provides criminal penalties for individuals or entities that knowingly and willfully offer, pay, solicit, or receive remuneration to induce or reward business reimbursable under the Federal health care programs.  The offense is classified as a felony and is punishable by fines of up to $25,000 and imprisonment for up to 5 years.  The OIG may also impose civil money penalties.

Since this statute is so broad, the OIG has developed many “Safe Harbors”  provisions that specify various payment practices that, although potentially capable of inducing referrals of business reimbursable under the Federal health care programs, would not be treated as criminal offenses under the anti-kickback statute and would not be serve as a basis for administrative sanctions.  Annually the OIG issues a notice to solicit new proposals and recommendations for developing new and modifying existing safe harbor provisions under the Federal anti-kickback statute.

For more information please utilize the following link.

https://oig.hhs.gov/authorities/docs/2012/FRAnnualSolicitation12282012.pdf