Lexology April 8, 2020
The Office of Inspector General (“OIG”) recently issued guidance to reduce administrative burdens facing health care providers during the COVID-19 pandemic related to the Anti-Kickback Statute (“AKS”). The AKS is a criminal statute that prohibits persons or entities who knowingly and willfully offer, pay, solicit or receive remuneration to induce or reward the referral of business reimbursable under a federal healthcare program. Arrangements that fit within certain statutory or regulations safe harbors are considered protected from enforcement action. In response to the COVID-19 pandemic and the need to provide flexibility for providers, OIG has recognized that providers need unique protections from AKS enforcement. Accordingly, on Friday, April 3, 2020, OIG issued a policy statement, which can be found here, complementing...