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HHS Seeks New Ideas for Safe Harbors From Kickbacks Law

Publisher: Bloomberg BNA's Health Care Daily Report
December 27, 2017

Eric Fader was quoted in an article, "HHS Seeks New Ideas for Safe Harbors From Kickbacks Law," published in Bloomberg BNA's Health Care Daily Report. The article discusses the recent request by the U.S. Department of Health and Human Services' Office of Inspector General for public input on new ideas for safe harbors from the federal anti-kickback statute. The request likely foreshadows a relaxing of restrictions on healthcare providers and "suggests that the government recognizes that the system remains unstable and in flux," Fader said. The OIG's request is expected to trigger a push in 2018 to protect value-based payment models and care coordination among providers from penalties. "As long as the federal anti-kickback statute is on the books preventing party A from compensating party B for services, it's going to be hard for two different... independent practitioners to coordinate in providing that care," he said, "so I think we will continue to see the potential for softening up some of the anti-kickback statute prohibitions which could take the form of expansion of the existing safe harbors." Fader concluded, "With the battle over the [Affordable Care Act] resolved, now let's really focus on what we need to do to make the system more healthy overall."


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