OIG Guidance and Anti-Kickback Considerations in Response to COVID-19

April 4, 2020

In our most recent COVID-19 guidance which can be found here , we outlined the blanket Stark Law waivers recently issued by the Centers for Medicare & Medicaid Services. It is worth noting that the Office of Inspector General (the “OIG”) has not issued similar Anti Kickback Statute waivers. However, on March 30, 2020, the OIG issued a letter which emphasizes the OIG’s stance that the health care industry should be provided flexibility to deliver patient care during the COVID-19 public health emergency. The OIG encourages health care organizations that need extensions to OIG deadlines, such as to produce data for an OIG review or to comply with a Corporate Integrity Agreement, to ask the appropriate OIG contact. While the OIG is providing increased flexibility for health care organizations, the OIG warns that it is aggressively investigating bad actors that are exploiting the COVID-19 crisis by stealing patients’ personal information and offering fake testing kits and unapproved therapies. During the COVID-19 public health emergency, the OIG will carefully consider the context and intent of parties that may be subject to OIG administrative enforcement when determining whether to proceed with enforcement action. Further, due to a majority of the OIG workforce teleworking, OIG encourages electronic submission of materials that would ordinarily require mailing.

The OIG has dedicated a Portal with up-to-date COVID-19 related work, where health care providers can submit questions. Future FAQs from the OIG may be published on the Portal. We are available to assist in submitting inquiries to the OIG’s Office of Counsel through the Portal as needed to address your needs.

Weaver Johnston & Nelson, PLLC
10440 N. Central Expressway, Suite 1400
Dallas, Texas 75231
Phone: (214) 705-3515 
Ashley E. Johnston
Phone: (214) 763-8296
Board Certified – Health Law
Texas Board of Legal Specialization
Joshua M. Weaver
Phone: (214) 705-3516
Board Certified – Health Law
Texas Board of Legal Specialization
Joseph E. Nelson
Phone: (214) 705-3907
Board Certified – Health Law
Texas Board of Legal Specialization
Steve Litke
Phone: (972) 427-7685
Chris Reed
Phone: (214) 705-3935
Kevin Mitchell
Phone: (469) 680-9049
Shannon Cahalan
Phone: (214) 938-9898
Stephanie Toth
Phone: (469) 480-9729
Rachael Nelson Gearing
Phone: (469) 680-9609
Vicki Wanjura
Phone: (214) 587-6026
Paul Wehrmann
Phone: (214) 957-0919
WEAVER JOHNSTON & NELSON | weaverjohnston.com