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Expert Analysis

Carrots, Sticks And Insurance Premium Discounts

Law360, New York (September 8, 2014, 11:17 AM EDT) -- The most recent advisory opinion from the U.S. Department of Health and Human Services Office's Inspector General turns in part on the answer to the question of whether an insurance company's withholding of a financial reward from a policyholder is the same as imposing a financial penalty on the policyholder. Curiously, in its Anti-Kickback Statute analysis, the opinion says no, but in its civil monetary penalties analysis in the same opinion, it says yes. In both cases, that was the answer the insurance company wanted....

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