The Partnership to Empower Physician-Led Care (PEPC) is pleased to submit our comments on HHS OIG Anti-Kickback Statute. PEPC is a coalition of stakeholders supporting independent physicians and practices in the movement to value-based care.
General Comments:
- PEPC supports the addition of new exceptions for value-based arrangements. We propose that CMS require that the value-based arrangements proposed at the exception met a fair market value standard.
- We urge CMS not to apply the 15 percent contribution requirement to independent practices and physicians.
- While we appreciate CMS modifying the exception for physician recruitment, we believe that this exception could be used anti-competitively and serves to disadvantage recruitment efforts by independent practices.
- PEPC strongly supports the addition of specific language that prevents donors of electronic health records items and services from engaging in information blocking.
- We support the addition of the exception to protect arrangements involving the donation of certain cybersecurity technology and related services, but urge clarification that the exception should not be used to support intentional or unintentional anti-competitive behavior.