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Hospitals to OIG: Please give us anti-kickback safe harbors for value-based care

October 31, 2018 / Paige Minemyer

Anti-kickback statutes stand in the way of growing participation in value-based models, hospitals warn. Major hospital groups were among the slew of industry stakeholders who weighed in on the Department of Health and Human Service Office of Inspector General’s request for information on ways to reform the Stark and anti-kickback laws. In its letter (PDF) to OIG, the Federation of American Hospitals said value-based payments are “hindered by the existing fraud and abuse regime.” To address this, OIG should build an overarching waiver to anti-kickback laws for advanced payment models run by the Centers for Medicare & Medicaid Services. Provider groups, including the American Hospital Association, have long argued that the Stark and anti-kickback laws pose a major barrier to care coordination, a crucial piece of these new payment arrangements.