Comments on the Anti-Kickback Proposed Rule

In this letter, the Task Force comment on the referenced Office of Inspector General, Department of Health & Human Services (OIG) proposed rule addressing the anti-kickback and civil monetary penalty laws (“Proposed Rule”). HCTTF recognizes that the OIG’s Proposed Rule is one part of a multi-faceted “Regulatory Sprint” to value-based care that is a priority of the Secretary of Health & Human Services (HHS), and that HHS’s Center for Medicare & Medicaid Services (CMS) has issued a separate proposed rule that seeks to promote greater protection of value-based arrangements under the physician self-referral law. We urge OIG and CMS to finalize compliance policies with as much consistency as possible, which would impose a reasonable implementation burden and reduce inconsistencies in application.

Task Force Response Highlights

  1. General Comments. HCTTF supports the OIG’s new approach for protecting value-based payment arrangements that break the traditional mold in favor of a new paradigm, but believes OIG’s value-based safe harbors should protect existing and new VBP arrangements alike.
  2. Proposed Safe Harbors for Value-Based Payment Arrangements. HCTTF supports the foundation of and premises behind the four proposed value-based safe harbors and fully supports the OIG’s proposed safe harbor for CMS-sponsored models and patient incentive programs. HCTTF generally supports the inclusion of the proposed safe harbor for arrangements for patient engagement and support to improve quality, health outcomes, and efficiency. Our members believe the IOG should consider promulgating another new safe harbor for integrated delivery systems.
  3. Definitions. HCTTF generally supports the new definitions; each effectively addresses important underpinnings of value-based payment and care delivery and provides a framework for the type of arrangements, purposes, actors and activities that should be protected. However, we offer recommended changes to the proposed definitions to ensure that the pursuit of models that both drive quality and reduce cost remain paramount.
  4. Local Transportation. The HCTTF supports the proposed changes which expand the scope of protected local transportation services.


Read the letter


Read our comments on the Physician Self-Referral Regulations Proposed Rule