CHA has submitted its comment letter in response to the Office of Inspector General’s (OIG) proposed rule to revise safe harbors under the anti-kickback statute (AKS) and civil monetary penalty (CMP) rules regarding beneficiary inducements. The proposed rule would create new safe harbors for value-based arrangements and patient engagement, and would expand other existing safe harbors.
While CHA generally supports the provisions outlined in the proposed rule, additional changes are needed to advance the shared goals of care coordination and reduced administrative burden.
CHA’s letter outlines the unique challenges faced by California hospitals in complying with the AKS and CMP rules because of certain state laws. CHA encourages the Centers for Medicare & Medicaid Services (CMS) to consider important refinements to the rule to eliminate unintended obstacles that many providers, especially in California, will likely experience in attempting to satisfy the proposed value-based exceptions as currently drafted. CHA’s comments also detail changes and clarifications it proposes for reducing AKS/CMP burdens.