Attorneys Explain Antikickback Rule

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The HHS Inspector General finalized 12/7 a rule amending the safe harbor regulations under the federal healthcare program antikickback law and established exceptions to the civil monetary penalty prohibiting remuneration to Medicare and Medicaid beneficiaries. Attorneys Alan Kirschenbaum and David Gibbons (Hyman, Phelps & McNamara) write in their firm’s FDA Law Blog that the final rule changes existing safe harbors and adds new ones, while also adding new exceptions to the beneficiary inducement civil monetary penalty. The final rule is effective 1/6/17. The attorneys explain key provisions of interest to drug and medical device companies, including: 

  •          cost-sharing waivers by pharmacies;
  •          Medicare coverage gap discount program;
  •          local transportation;
  •          other safe harbors;
  •          access to care/low risk of harm
  •          coupons or rewards from a retailer;
  •          free or discounted items or services where financial need exists; and
  •          other civil monetary penalty provisions.

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