How Health Cos. Have Responded To Anti-Kickback Reform

By Troy Barsky and Barbara Ryland (January 20, 2022, 3:12 PM EST) -- In the beginning of 2021, the Office of Inspector General for the U.S. Department of Health and Human Services and the Centers for Medicare & Medicaid Services issued regulations that revised anti-fraud and abuse regulations in order to facilitate value-based care arrangements.

In this article, we review these regulatory reforms and reflect on how the health care industry has reacted to these changes. We conclude with some recommendations for needed further reform that may come from either OIG and CMS or potentially from Congress.

The OIG finalized multiple safe harbors under the Anti-Kickback Statute, which prohibits anyone from knowingly or willfully...

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