HHS Inspector General publishes final safe harbor regulations

The Department of Health and Human Services Office of Inspector General has finally published the long-awaited Medicare/Medicaid final safe harbor regulations. The regulations, implementing the Medicare and Medicaid Patient and Program Protection Act of 1987, protect from criminal and civil sanctions certain payment practices that could otherwise be proscribed under the Medicare/Medicaid antikickback statute. Unfortunately, the final safe harbors appear not to reach many common business arrangements among health care providers currently in place.