Industry Groups Call for Anti-Kickback Rule Waiver for Cybersecurity Technology, Services

From: Healthcare Informatics

by Heather Landi, Associate Editor

Other stakeholders are asking for waivers for vendors to provide free mobile apps under value-based care arrangements, and to allow providers pay “fair market value” for the exchange of patient data

Several healthcare and health IT industry groups are asking the U.S. Department of Health and Human Services (HHS) to create a wavier under anti-kickback rules to enable the donation of healthcare cybersecurity technology and services to help improve the cybersecurity posture of providers and promote secure data exchange.

The HHS Office of the Inspector General (OIG) issued a request for information (RFI) August 27 to gather stakeholder feedback on how to address modernization of the federal Anti-Kickback Statute to advance beneficial value-based health care. The OIG RFI contained a broad range of questions and topics the agency wants stakeholders to comment on, including potential arrangements that the industry is interested in pursuing, such as care coordination, value-based arrangements, alternative payment models, arrangements involving innovative technology, and other novel financial arrangements that may implicate the anti-kickback statute or beneficiary inducements civil monetary penalty (CMP).

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