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Association Responds to Anti-Kickback Statute RFI

America’s Essential Hospitals has urged the Office of the Inspector General (OIG) to eliminate regulatory barriers in the anti-kickback statute (AKS) and beneficiary inducements civil monetary penalty (CMP) law that impede essential hospitals’ ability to transform care delivery for vulnerable populations.

The association’s Oct. 26 comments respond to a request for information (RFI) OIG issued as it seeks to modify the AKS and CMP law to encourage care coordination. In its response, America’s Essential Hospitals encouraged OIG to:

  • significantly narrow the application of the AKS and CMP law;
  • adopt more flexible approaches to accommodate value-based care and alternative payment models that target the Medicaid and uninsured populations;
  • modify the AKS and CMP law to promote value for all patient populations and to enhance patient access to medical and health-related nonmedical services; and
  • clarify the definition of “fair market value” by incorporating the amount of uncompensated care essential hospitals provide.

Contact Senior Director of Policy Erin O’Malley at eomalley@essentialhospitals.org or 202.585.0127 with questions.

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About the Author

Rachel Schwartz is a policy associate at America's Essential Hospitals.