On December 7, 2016, the Office of Inspector General of the Department of Health and Human Services published a final rule amending the safe harbors to the Anti-Kickback Statute (AKS) and the Civil Monetary Penalty (CMP) rules prohibiting beneficiary inducements. These changes protect certain practices and arrangements from criminal prosecution or civil sanctions under the AKS and/or the CMP law. The final rule finalizes, with certain modifications, all of the AKS safe harbors and beneficiary inducement CMP exceptions proposed in a proposed rule published on October 3, 2014.
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