Premier Shares Recommendations on Anti-Kickback Safe Harbor with HHS OIG

Premier submitted comments in response to the HHS OIG’s annual solicitation of proposals for recommendations for developing new, or modifying existing, safe harbor provisions under the federal Anti-Kickback Statute. Premier is taking this opportunity to reiterate our recommendations around the need for reforms to the Anti-Kickback Statute to accommodate innovative arrangements used in alternative payment models (APMs) and value-based contracting. Specifically, Premier called for:

• Providing greater alignment between Anti-Kickback Statute safe harbors and Stark Law exceptions for value-based care arrangements;
• Clarifying Anti-Kickback Statute safe harbors for value-based care arrangements.
• Removing exclusions on certain participants for value-based arrangements and patient engagement safe harbors;
• Modifying the care coordination arrangement, value-based arrangements with full financial risk, and personal services and management contracts and outcomes-based payment arrangements safe harbors; and
• Providing guidance on the interaction between new artificial intelligence (AI) policies and the Anti-Kickback Statute.