Office Of Inspector General Solicits Comments Regarding New Safe Harbors And Special Fraud Alerts

On December 17, 2008, the Office of Inspector General for the

U.S. Department of Health and Human Services ("OIG")

issued a request for public comments related to developing new and

modifying existing safe harbor provisions under the federal

Anti-Kickback Statute. Comments are due no later than February 17,

2009.

In determining whether to issue new safe harbor provisions, OIG

will consider the extent to which the safe harbor would increase or

decrease:

Access to healthcare;

Quality of services;

Patient freedom of choice;

Competition;

Cost to federal healthcare programs;

Potential overutilization of healthcare services;

The provision of services in medically underserved areas or

underserved populations; and

The potential financial benefit to the healthcare professional

providers, including their decisions whether to order healthcare

item or service or to arrange referrals.

In addition, OIG is soliciting comments related to additional

special fraud alerts. Special fraud alerts provide OIG's

current thinking on those matters that are likely to result in

violations of the Anti-Kickback Statute.

If you have any questions concerning this topic, please contact

Frederick R. Ball, any member of the White-Collar Criminal Defense

Group or member of the Health Law Practice Group or the attorney in

the firm with whom you are regularly in contact.

This article is for general information and does not include

full legal analysis of the matters presented. It should not be

construed or relied upon as legal advice or legal opinion on any

specific facts or circumstances. The description of the results of

any specific case or transaction contained herein does not mean or

suggest that similar results can or could be obtained in any other

matter. Each legal matter should be considered to be unique and

subject to varying results. The invitation to contact the authors

or attorneys in our...