Value-Based Contracts Getting More Safe Harbor Attention From OIG

But so far, OIG has declined a blanket safe harbor for proposed value-based payments, saying it still wants to consider proposals case-by-case. Discussions between the office and stakeholders are continuing, Bristol-Myers Squibb's Mike Ryan says.

Business concept illustration of a businessman being guided by a hand holding a flashlight uncovering arrow sign.

Stakeholder requests for safe harbors from anti-kickback enforcement that would facilitate value-based payment arrangements are growing and involve a range of activities, such as patient adherence programs and product performance "warranties," according to reports from the US Department of Health and Human Services' Office of Inspector General (OIG).

Requests received are disclosed by the office in an appendix to its semi-annual report to Congress. The reports do not...

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