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Industry Requests Three Additional Safe Harbors Under Anti-Kickback Statutes

 
• By Sue Darcey

AdvaMed is asking for three new safe harbors from potential Anti-Kickback Statute (AKS) violations to shelter value-based pricing, warranty, and risk-sharing arrangements formed among hospitals, physicians and device manufacturers.

boats are safely tucked for a stone wall from the waves of the ocean/boats in a quiet Harbor on the Atlantic coast of Spain

Industry is proposing new safe harbor arrangements from the Anti-Kickback Statute (AKS) enforced by the US Health and Human Services Department’s Office of Inspector General (OIG) that it says are a better fit for modern, value-based pay models compared to traditional fee-for service pay.

“The Anti-Kickback Statute is not hypothetical for our industry – it is enforced and has a chilling effect on any type of payment arrangement not already in a safe harbor,” commented Chris White, chief operating officer and general counsel of AdvaMed, in an Oct

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