Updated OIG Guidance and Anti-Kickback Considerations in Response to COVID-19
April 8, 2020
Following the drafting of our recent Office of Inspector General (“OIG”) COVID-19 guidance email, which can be found here, the OIG issued a Policy Statement in response to COVID-19 and enforcement of the Anti-Kickback Statute. In the Policy Statement, OIG noted that it will not impose administrative sanctions under the Anti-Kickback Statute for certain remuneration related to COVID-19 blanket waivers of the Stark Law issued by the Secretary of the Department of Health and Human Services on March 30, 2020 (the “Blanket Waivers”). Our summary of the Blanket Waivers can be found here.
Specifically, as of April 3, 2020 and through termination of the Blanket Waivers, OIG will not impose administrative sanctions under the Anti-Kickback Statute with respect to remuneration that is covered by the Blanket Waivers numbers 1 - 11, which focus on waiving certain fair market value requirements for COVID-19 focused arrangements. All conditions and definitions that apply to the Blanket Waivers apply to the Policy Statement. By taking this approach, OIG is seeking to avoid the need for parties to undertake a separate review under the Anti-Kickback Statue for arrangements protected by the Blanket Waivers. OIG notes that it may modify or terminate the Policy Statement at any time. We will continue to monitor OIG guidance on this matter.