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  • APTA Shares Summary of Proposed HHS Rule on Kickbacks, Remuneration

    The US Department of Health and Human Services Office of Inspector General (OIG) has issued a proposed rule (pdf) on civil monetary penalties and exceptions to the anti-kickback statute, and APTA is helping members understand how the changes could affect physical therapists (PTs).

    APTA posted a summary of the proposed rule (under the "Patient Protection" header) from OIG. Many of the proposals deal with carving out new "safe harbors" for the anti-kickback statute, and refining—and in some cases, loosening—rules around what activities would be considered illegal remuneration. Some of the proposed changes codify existing statutory provisions of the Affordable Care Act (ACA).

    Of particular importance to PTs, according to the APTA summary, are the "safe harbor" proposals, which would permit some forms of free or discounted patient transportation services. Also of note: a proposal to define what is meant by ACA-mandated remuneration exceptions allowing activities that "promote access to care" and have a "low risk of harm."

    Comments on the proposed rule are due on December 2. APTA will provide comments to the proposals, and will post those comments in the coming weeks.

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