New F&A Safe Harbors: How Do They Impact Your Operations?

Event Information
Product Format
Prerecorded Event
60 minutes
Product Description

Learn What Happens If an Activity Doesn’t Fully Come Within the Applicable Safe Harbor, and more!

CMS has proposed new “safe harbors” that prevent providers from being prosecuted for violating the Medicare fraud and abuse or anti-kickback statute if they are fully compliant. Further, the proposed rules provide hints on how to lessen regulatory risk even as to activities that don’t fully come within safe harbor protection.

Taken as a whole, the regulations impact arrangements where “perks”, courtesies or fee reductions are offered among providers or to patients. For example, they modify standards involving discounts offered in connection with services. They address such items as free transportation and cost sharing waivers, as well as offering coupons or other freebies to patients and to suppliers. Also, recent OIG opinions provide insight into these issues.

In this 60-minute webinar, expert speaker Wayne J. Miller, Esq. will address the new F&A safe harbor rules and recent OIG decisions and their implications for health care providers. Medical practices and facilities need to re-evaluate their approach to discounts, cost waivers and gratis services based on the new rules. Many providers, for example, do not have clear policies regarding patient cost “write offs”. Alternatively, facilities may utilize the new standards to determine when it is appropriate to offer courtesies, including the permitted types and value of free items and transportation offered to patients.

Topics to be discussed :

  • What are the new standards with respect to discounted services?
  • When can patient bills be written off?
  • What are the top items that a charity care policy should include, per the OIG?
  • Can providers participate in online coupon programs like Groupon?
  • Can free promotional items be provided to Medicare patients?
  • What happens if an activity doesn’t fully come within the applicable safe harbor?

Session highlights:

  • Medìcare Anti-kickback law background
  • New Safe harbor, CMP exception “gaps”
  • CMP related amendments—what OIG proposes
  • New pending rules
  • Safe Harbor’s implications: promotional discounts
  • Existing OIG opinions, guidelines
  • Stark law impact: Discounts under Stark
  • De Minimis Compensation
  • Best practices: gifts, discounts, etc.
  • Insights on FFS billing restrictions
  • Conflict of interest disclosure
  • Approach; Gifts, freebies, discounts
  • Proposals deserving scrutiny
  • Rely on existing OIG guidance in interim

Who should attend

Billers, coders, practice managers, physicians, medical groups, and health care facilities


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About Our Speaker

Wayne J. Miller - Healthcare Compliance Expert

Wayne J. Miller, Esq., is a founding partner of the Compliance Law Group, Los Angeles, a law firm focused on health care industry legal compliance for clients nationwide. Wayne has practiced healthcare business and regulatory law throughout his 30-year career. His firm represents a wide range of healthcare industry clients throughout the nation. He is a frequent speaker for The Coding Institute national teleconferences on healthcare reimbursement, transactional and regulatory...   More Info
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