OIG to hold off on anti-kickback sanctions for COVID-19 activities covered by CMS Blanket Waivers of Stark

The Department of Health and Human Services’ Office of the Inspector General says it will seek to ensure health care providers retain regulatory flexibility during the COVID-19 crisis, announcing that it will “exercise its enforcement discretion not to impose administrative sanctions under the Federal anti-kickback statute” for many payments covered by the Blanket Waivers of the Stark self-referral law that CMS published last week. OIG’s statement applies to 11 of the waivers issued by CMS, including compensation for services personally performed by a physician, incidental benefits or loans provided to a physician.