April 09, 2020

OIG Waives Enforcement of AKS Related to CMS’s COVID-19 Blanket Waivers

The HHS OIG issued a statement on April 3 that it would not impose administrative sanctions under the Federal anti-kickback statute (AKS) for remuneration related to COVID-19 covered by the blanket waivers issued by the Secretary. After finding a public health emergency due to the COVID-19 outbreak, the Secretary issued blanket waivers to help ensure availability of sufficient care for Medicare, Medicaid, and Children’s Health Insurance Program recipients who are in an emergency area, and to exempt providers from sanctions who render services in good faith, but due to the crisis, are unable to comply with self-referral prohibitions.  In line with this sentiment, the OIG will not impose sanctions under section 1128(b)(7) or 1128A(a)(7) with respect to remuneration covered by section II.B.(1)-(11) of the blanket waivers.

The HHS OIG issued a statement on April 3 that it would not impose administrative sanctions under the Federal anti-kickback statute (AKS) for remuneration related to COVID-19 covered by the blanket waivers issued by the Secretary. After finding a public health emergency due to the COVID-19 outbreak, the Secretary issued blanket waivers to help ensure availability of sufficient care for Medicare, Medicaid, and Children’s Health Insurance Program recipients who are in an emergency area, and to exempt providers from sanctions who render services in good faith, but due to the crisis, are unable to comply with self-referral prohibitions.  In line with this sentiment, the OIG will not impose sanctions under section 1128(b)(7) or 1128A(a)(7) with respect to remuneration covered by section II.B.(1)-(11) of the blanket waivers.