HHS OIG Seeks Proposals for New and Modified Safe Harbors
The Department of Health and Human Services’ Office of Inspector General (“HHS OIG”) is soliciting proposals and recommendations for new and/or modified safe harbors under the federal anti-kickback statute. The anti-kickback statute provides for criminal penalties for whoever knowingly and willfully offers, pays, solicits, or receives remuneration to induce or reward referrals for items or services reimbursable under federal health care programs. However, there are safe harbor provisions that outline various payment and business practices that are not subject to sanctions under this law, even if such practices could be potentially capable of violating it. In an effort to update these safe harbor provisions, HHS OIG is requesting public comment regarding the development of additional safe harbors and/or the modification of already existing ones. The criteria for adding and/or modifying safe harbor provisions can be found here. HHS OIG is also soliciting public comments regarding the development of new Special Fraud Alerts. All public comments must be received by 5 p.m. on February 9, 2026.
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