Compliance Heads Up: New Kickback Safe Harbors Rule Is Almost Ready

After months of promises, posturing and public consultation, the Department of Health and Human Services is getting ready to unveil a proposed rule to liberate labs and other providers from the burdens of the kickback laws by providing new safe harbors to the Anti-Kickback Statutes and new exceptions to the beneficiary inducement bans of the Civil Monetary Penalty statute to allow for coordinated care. On June 5, the proposal was sent to the White House Office of Management and Budget, the agency that reviews proposed new regulations before they’re made public. Although OMB review is the final step before publication, it can also take months to complete. But the latest Trump Administration regulatory agenda projects that the proposed rule will be released in July 2019.

So, stay tuned and we’ll break down the new rules for you as soon as they come out. Meanwhile, if you need a summary of the recent hearings and what’s expected to be in the proposed rule, see National Intelligence Report (NIR), March 25, 2019.