Home Health & Hospice Week

Industry Note:

Watch For Safe Harbor Rule This Month

In addition to fireworks and the highly anticipated 2020 home health payment proposed rule, July may bring another development. The feds have finally signaled a release date for the long-promised revisions to safe harbors under the Anti-Kickback Statute (AKS) and the Civil Monetary Penalty Law (CMPL).

Timeline: The updates, which were mandated by the Bipartisan Budget Act of 2018 (BBA 18), started last August with a Request for Information and have sat idly until now, a regulatory brief shows. A proposal is now slated for a July 2019 release, the agenda indicates.

“This proposed rule is being issued in conjunction with the Department of Health and Human Services’ Regulatory Sprint to Coordinated Care,” states the regulatory release, RIN: 0936-AA10. “It proposes to amend the safe harbors to the anti-kickback statute and the civil monetary penalty (CMP) rules under the authority of the Office of the Inspector General (OIG) to better support coordinated care.”

Review RIN: 0936-AA10 at www.reginfo.gov/public/do/eAgendaViewRule?pubId=201904&RIN=0936-AA10 and read the fraud and abuse RFI in the Federal Register at www.govinfo.gov/content/pkg/FR-2018-08-27/pdf/2018-18519.pdf.

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