• OIG Enacts New Safe Harbors and Policy Statement under the Anti-Kickback Statute
  • February 15, 2017 | Authors: Charles H. Newman; Jillian L. Romaniello
  • Law Firm: Sills Cummis & Gross P.C. - Newark Office
  • On December 7, 2016, the United States Department of Health and Human Services, Office of Inspector General (“OIG”) issued a final rule pursuant to its authority under the Federal Anti-Kickback Statute adding several new “safe harbors” and expanding the scope of certain existing safe harbors (the “Final Rule”). The Anti-Kickback Statute, codified at Section 1128B(b) of the Social Security Act, provides for the imposition of criminal and civil penalties on individuals or entities that knowingly and willfully offer, pay, solicit or receive remuneration in order to induce or reward the referral of business reimbursable under Federal health care programs. Violation of the Anti-Kickback Statute is classified as a felony and punishable by fines of up to $25,000 and imprisonment of up to five years. Violations may also result in the imposition of civil monetary penalties, exclusion from participation in Federal health care programs, and civil and/or criminal liability under the False Claims Act.