OIG Nursing Facility Compliance Program Guidance

This document is a guide that addresses the recent guidance issued by the Office of Inspector General (OIG) regarding the Anti-Kickback Statute (AKS) and its implications for nursing facilities. It outlines the risk areas that nursing facilities must monitor to ensure compliance with the AKS as part of their participation in federal healthcare programs such as Medicare and Medicaid. The document details the potential liabilities associated with violations of the AKS, including civil monetary penalties and exclusion from federal programs. It emphasizes the importance of scrutinizing referral relationships and provides recommendations for enhancing compliance policies and procedures. The guide also discusses specific arrangements that could pose compliance risks, such as the provision of free or below fair-market-value goods and services, and highlights regulatory safe harbors that can help mitigate these risks. Overall, the document serves as a resource for nursing facilities to navigate the complexities of AKS compliance effectively.