Summary of article from King & Spalding, by Doug Comin:
On July 8, 2024, the Office of Inspector General (OIG) updated its Frequently Asked Questions regarding fraud and abuse authorities, adding four new questions and answers. The updates address the legality and conditions under which hospitals may waive cost-sharing charges for patients under financial assistance or charity care policies without violating the federal anti-kickback statute (AKS) or the Civil Monetary Penalty Law (CMP Law). OIG clarifies that waivers for uninsured or commercially insured patients generally do not violate these laws, but waivers for Federal health care program enrollees could be problematic unless they fall under specific safe harbors or exceptions. Hospitals can inform patients about financial assistance policies, provided such information is not advertised or solicited in a manner that could be construed as inducement. Additionally, offering free care to uninsured or commercially insured patients and advertising this care does not violate AKS or CMP Law. Finally, hospitals may disseminate information about financial assistance policies through various channels, ensuring the communication is compliant and low-risk under the relevant statutes. The full FAQs can be accessed on the OIG website.