HHS IG anti-kickback advisory opinions will be produced for a fee under interim final rule.

Executive Summary

HHS IG TO CHARGE FOR ANTI-KICKBACK ADVISORY OPINIONS under an interim final rule published in the Federal Register Feb. 18. The rule implements a requirement of the 1996 Kennedy/Kassebaum health insurance reform bill that the HHS Inspector General and the Department of Justice provide guidance upon request as to whether a particular arrangement violates federal anti-kickback laws under Medicare and Medicaid. Justice and the IG are proposing to bill for "actual costs incurred" in processing advisory opinion requests. The HHS Office of the Inspector General began accepting requests for legally binding advisory opinions Feb. 21.