Financial Fraud Law Report Publishes Akin Gump Analysis of HHS Rule

Financial Fraud Law Report has published the article “OIG Releases New Proposals on Anti-kickback Statute Safe Harbors, Exceptions to the CMP Law and the Gainsharing Prohibition,” written by Jorge Lopez, partner and head of Akin Gump’s health industry practice; Robert Salcido and Kelly Cleary, partner and counsel, respectively, in the health industry practice; Caitlin McCormick, counsel in the public law and policy practice; and John Siracusa, a health practice associate.

The article, which originated as an Akin Gump client alert, summarizes and discusses the Department of Health and Human Services’ proposed rule for implementing amendments to safe harbors under the Anti-kickback Statute and exceptions to the civil monetary penalty law. The rule was published in October 2014 and, as the article notes, “codifies statutory changes stemming from the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, as well as those enacted as part of the Patient Protection and Affordable Care Act.” It also adds “certain safe harbors under the [Office of Inspector General’s] general statutory authority to establish and modify safe harbors.”

To read the full article, please click here.