anti kickback discount safe harbor

4, 2001; 66 FR 63749, Dec.
As used in metabank visa gift card balance online section 1128B of the Act, remuneration does not include any payment made between a cooperative hospital service organization (chso) and its patron-hospital, both of which are described in section 501(e) of the Internal Revenue Code of 1986 and are tax-exempt under section.Pursuant to the statutory exemption, the AKS does not apply to a discount or other reduction in price.If Judge Zobels interpretation was to gain traction, many common discount and rebate arrangements that rely on the protection of the discount safe harbor could suddenly be exposed to AKS liability.(2) Where the entity which receives the goods or service from the vendor is a health care provider of services, the GPO must disclose in writing to the entity at least annually, and to the Secretary upon request, the amount received from each vendor with.(ii)Eligible managed care organization1 means - 1 The eligible managed care organizations in paragraphs (u 2 ii A)-(F) of this section are only eligible with respect to items or services covered by the contracts specified in those paragraphs.(2) If a practitioner is leaving an established practice, at least 75 percent of the revenues of the new practice must be generated from new patients not previously seen by the practitioner at his or her former practice.(7) The insurance is a bona fide malpractice insurance policy or program, and the premium, if any, is calculated based i got the powerball number do i win anything on a bona fide assessment of the liability risk covered under the insurance.This proposed rule, if released, appears to follow through on various statements made by HHS Secretary Azar suggesting that safe harbor protection under the Federal Anti-Kickback Statute should be removed for prescription drug rebatesa potential action on which HHS requested comment in the Administrations.(4) Revenues from ancillary services, if any, must be derived from in-office ancillary services that meet the definition of such term in section 1877(b 2) of the Act and implementing regulations.1395ww (note Litchfield County, Connecticut; York County, Maine; Sagadahoc County, Maine; Merrimack County, New Hampshire; and Newport County, Rhode Island.(9) The health center may, at its option, elect to require that an individual or entity charge a referred health center patient the same rate it charges other similarly situated patients not referred by the health center or that the individual or entity charge.(1) As used in section 1128B of the Act, remuneration does not include any gift or transfer of drugs or medical supplies (including linens) by a hospital or other receiving facility to an ambulance provider for the purpose of replenishing comparable drugs or medical supplies.
(5) Neither the beneficiary nor the recipient's practice (or any affiliated individual or entity) makes the receipt of items or services, or the amount or nature of the items or services, a condition of doing business with the donor.
(G) The entity or any investor (or other individual or entity acting on behalf of the entity or any investor in the entity) must not loan funds to or guarantee a loan for an investor who is in a position to make or influence referrals.





As used in section 1128B of the Act, remuneration does not include any payment made by a principal to an agent as compensation for the services of the agent, as long as all of the following seven standards are met - (1) The agency agreement.
(z)Federally Qualified Health Centers and Medicare Advantage Organizations.
(1) As used in section 1128(B) of the Act, remuneration does not include any payment between: (i) An eligible managed care organization and any first tier contractor for providing or arranging for items or services, as long as the following three standards are met.

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