Corporate Compliance

OIG posts safe harbor for FQHCs

Compliance Monitor, October 10, 2007

The OIG recently posted a safe harbor for federally qualified health centers (FQHC) arrangements under the Anti-Kickback Statute.

The final rule:

  • Clarifies the definition of ''remuneration'' for purposes of the safe harbor
  • Eliminates the requirement that arrangements that do not comply with the safe harbor be terminated
  • Eliminates the requirement that arrangements must comply with all relevant requirements of the health center's section 330 grant funding;
  • Consolidates and clarifies the documentation requirements
  • Clarifies that health centers do not need to develop set standards for determining whether an arrangement is expected to contribute meaningfully to services for underserved patients
  • Simplifies the safe harbor requirement pertaining to disclosures to patients
  • Clarifies health centers' freedom to refer patients
  • Clarifies the conditions under which individuals and entities furnish separately billable goods, items, or services to health centers

Click here to read the complete final rule.

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