Medicare Compliance & Reimbursement

Office proposal offers anti-kickback safe harbor.

A new HHS Office of Inspector General-proposed rule may shield providers' electronic prescribing arrangements from the anti-kickback statute. Here's how.

The OIG released a sneak preview of its proposed rule on Oct. 6 that proposes to grant electronic prescribing-related anti-kickback safe harbor to hospitals, group practices, prescription drug plan sponsors and Medicare Advantage organizations.

The proposed rule would add a new section under the safe harbor regulations that would "describe more specifically the items and services protected by the new safe harbor for prescribing drugs electronically; the individuals and entities that may provide the protected items and services; and the conditions under which providing the items and services to prescribing health care professionals, pharmacies and pharmacists would be protected."

Plus: The rule also provides safe harbor protection for certain electronic health records software and training services. The OIG's provisions stem from President Bush's 10-year goal to achieve widespread interoperable EHR adoption.

The OIG will allow a 60-day comment period for this proposed rule. Providers can view the rule in the Oct. 11 Federal Register or go to
http://www.oig.hhs.gov/authorities/docs/05/100605E-PrescriberuleC.pdf.