Per-Click Compensation for Philanthropic Entity’s COVID-19 Vaccine Site Low Risk of Fraud According to OIG
The HHS Office of Inspector General created a process for inquiries about regulatory flexibility regarding certain ethics laws, to facilitate responses to the COVID-19 pandemic. One non-provider philanthropic organization questioned whether it could provide certain administrative services in exchange for compensation from its contracted health care providers based on a per-vaccine (or per-click) basis. OIG noted how compensation practices that involve “per patient,” “per click,” or “per order” payment arrangements with parties in a position, directly or indirectly, to refer or recommend an item or service payable by a Federal health care program implicate and may violate the Federal anti-kickback statute. For the reasons discussed herein, however, OIG opined that in light of the COVID-19 pandemic, the proposed arrangement presented a low risk of fraud and therefore it would provide its enforcement discretion.
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