HHS wants to encourage providers to enter value-based care agreements with each other, and it's researching whether it can offer new legal protections for those arrangements.
HHS' Office of Inspector General will accept comments from stakeholders on how it can modify or add new safe harbors to the anti-kickback statute to prevent providers in value-based pay models from facing civil money penalties, according to a notice issued Monday.
"OIG has identified the broad reach of the anti-kickback statute and beneficiary inducements (civil monetary penalties) as a potential impediment to beneficial arrangements that would advance coordinated care," the agency said in the notice.
HHS believes Congress has given it the authority to protect certain arrangements and payment practices under the anti-kickback statute.
HHS' OIG is interested in finding out if it needs to create new safe harbors or revise what it already has. The office also asked stakeholders whether there should be special considerations for rural providers and others caring for underserved populations, including American Indian and Alaska Native communities.