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Developing Patient Healthcare Incentive Programs: AKS and CMPL Compliance, Safe Harbors, Exceptions

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Thursday, April 25, 2024

Recorded event now available

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This CLE webinar will examine how counsel may assist healthcare organizations with developing patient incentive programs to encourage patients to obtain necessary healthcare items and services or adhere to treatment plans while navigating the federal Anti-Kickback Statute (AKS) and Civil Monetary Penalties Law (CMPL) requirements. The panel will discuss AKS safe harbor provisions and CMPL exceptions and review relevant OIG Advisory Opinions while offering best practices for compliance.


Many healthcare organizations are interested in adopting programs to incentivize patients to obtain necessary healthcare items or services and/or to promote adherence to treatment plans. For example, incentive programs can take the form of gift cards given to patients to encourage patients to attend preventive care appointments, free childcare so that patients may attend healthcare appointments, condition-specific groceries to advance prevention and management of a disease or condition, and broadband access to enable remote patient monitoring or virtual care.

However, offering patient incentives or other free items or services to Medicare and Medicaid patients may implicate AKS and the Beneficiary Inducement Prohibition of the CMPL. Fortunately, the OIG has implemented AKS safe harbors and CMPL exceptions applicable to free items or services to patients and has issued multiple Advisory Opinions providing guidance on patient incentive programs.

Listen as our expert panel discusses these safe harbor provisions and exceptions and analyzes relevant Advisory Opinions. The panel will advise counsel on developing and implementing patient incentive programs that pose a low risk of fraud and abuse and minimize the risk of noncompliance.



  1. Introduction
  2. Anti-Kickback Statute
  3. Beneficiary Inducement Prohibition of the Civil Monetary Penalties Law
  4. Relevant safe harbors and exceptions
  5. OIG Advisory Opinions
  6. Best practices for compliance


The panel will review these and other important considerations:

  • How may patient incentive programs implicate the AKS and CMPL?
  • How can healthcare organizations take advantage of available safe harbors and exceptions to implement compliant patient incentive programs?
  • What guidelines can counsel take away from OIG Advisory Opinions to develop compliant patient incentive programs?


Haviland, Jane
Jane T. Haviland

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo

Ms. Haviland’s practice focuses primarily on healthcare enforcement defense. She defends laboratories,...  |  Read More

Yount, Rachel
Rachel E. Yount

Of Counsel
Mintz Levin Cohn Ferris Glovsky and Popeo

Ms. Yount’s practice involves a variety of regulatory, compliance, and transactional matters for a broad range...  |  Read More

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