CONSIDERATION OF SAFE HARBOR UNDER THE ANTI-KICKBACK STATUTE FOR CERTAIN CONTINGENCY MANAGEMENT INTERVENTIONS.

SEC. 4127. CONSIDERATION OF SAFE HARBOR UNDER THE ANTI-KICKBACK STATUTE FOR CERTAIN CONTINGENCY MANAGEMENT INTERVENTIONS. Section 1128D(a) of the Social Security Act (42 U.S.C. 1320a–7d(a)) is amended by adding at the end the following new paragraph:“(3) Consideration of safe harbor for certain contingency management interventions.—“(A) In general.—Not later than one year after the date of the enactment of this paragraph, the Inspector General shall conduct a review on whether to establish a safe harbor described in paragraph (1)(A)(ii) for evidence-based contingency management incentives and the parameters for such a safe harbor. In conducting the review under the previous sentence, the Inspector General shall consider the extent to which providing such a safe harbor for evidence-based contingency management incentives may result in any of the factors described in paragraph (2). “(B) Report.—Not later than two years after the date of the enactment of this paragraph, the Secretary and the Inspector General shall submit to Congress recommendations, including based on the review conducted under subparagraph (A), for improving access to evidence-based contingency management interventions while ensuring quality of care, ensuring fidelity to evidence-based practices, and including strong program integrity safeguards that prevent increased waste, fraud, and abuse and prevent medically unnecessary or inappropriate items or services reimbursed in whole or in part by a Federal health care program.” .136 STAT. 5916