Third, drivers must be protected during the current pandemic. Every breath I let out that steamroller would move up an inch. For example, under some State plans certain providers and suppliers assume responsibility for storing COVID-19 vaccines in cold or ultracold storage and redistributing (which includes, in certain instances, transporting) vaccines to other providers and suppliers, some of which may be actual or potential referral sources. Parties must separately assess any fraud and abuse risks that may arise with respect to any direct or indirect financial relationships between the donor and the FQHC or Federal health care program beneficiary. OIG's longstanding guidance makes clear that, depending on the facts and circumstances, providing free or discounted goods or services to an actual or potential referral source may violate the Federal anti-kickback statute. See U.S. Department of Health and Human Services, Determination that a Public Health Emergency Exists (Jan. 31, 2020), available at https://www.phe.gov/emergency/news/healthactions/phe/Pages/2019-nCoV.aspx (COVID-19 Declaration). The "OIG Policy Statement Regarding Application of Certain Administrative Enforcement Authorities Due to Declaration of Coronavirus Disease 2019 (COVID-19) Outbreak in the United States as a National Emergency" does not incorporate sections II(B)(12)-(18) of the blanket waivers of the physician self-referral law as issued by the Secretary. In light of the unique circumstances of the current public health emergency, the Secretary has offered regulatory flexibilities to health care entities similar to those requested here via Blanket Waivers of Section 1877(g) of the Social Security Act (the Act), issued March 30, 2020 (the Blanket Waivers). Under the facts described herein, the provision of free COVID-19 diagnostic testing to Federal health care program beneficiaries presents a sufficiently low risk of fraud and abuse under the Federal anti-kickback statute and Beneficiary Inducements CMP because, as described, the program includes the following safeguards: (1) free COVID-19 testing is offered to all patients who request it, regardless of the patient's insurance coverage or lack thereof; (2) beneficiaries who received positive test results would not be referred to the FQHC or to any other specific provider; (3) the FQHC would not offer special discounts or any other free or discounted items or services to beneficiaries who received free COVID-19 testing; (4) no payor, including the beneficiary, a commercial insurance company, or a Federal health care program, would be billed for or pay any costs in connection with the COVID-19 testing services; and (5) the COVID-19 tests are cleared or approved by the Food and Drug Administration (FDA), are subject to an FDA-issued Emergency Use Authorization, or are covered by the Medicare program. 1396b(s). The RAND Corporation is a research organization that develops solutions to public policy challenges to help make communities throughout the world safer and more secure, healthier and more prosperous. First, TNCs must be able to provide NEMT within the state. FQHCLAs deliver comprehensive primary care services to some of the country's most vulnerable individuals and families in areas where economic, geographic, or cultural barriers may limit access to affordable health care services. NEMT, covered by Medicaid and certain Medicare Advantage plans, is associated with greater use of preventive and primary health care, lower use of emergency services and inpatient services, and timely medical care among certain health conditions. James received a Master of Library Science degree from Dominican University. The Organization and each HCP would enter into a signed, written agreement setting forth the duties of each party and the methodology for determining the compensation the HCP pays to the Organization. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Commentary gives RAND researchers a platform to convey insights based on their professional expertise and often on their peer-reviewed research and analysis. We recognize the need during the COVID-19 outbreak for many health care providers and suppliers to furnish services through various modalities in lieu of in-person visits. Accordingly, under the unique circumstances of the COVID-19 public health emergency, and in the context of the Waiver cited above, OIG believes it would represent a sufficiently low risk of fraud and abuse for ground ambulance providers and suppliers to waive or discount beneficiary cost sharing obligations for claims billed in accordance with the Waiver. Such efforts could be necessary if rideshare drivers and TNCs are going to be depended upon to provide essential services at this time. As the number of positive COVID-19 cases continues to grow in the Hudson Valley, a new directive for EMS workers is put in place to help prevent the spread of the disease. If PPE supplies were sufficient to satisfy the needs of medical providers, rideshare drivers, as public-facing essential personnel, may be appropriate recipients of masks. Rideshares cannot offer everything, but there are things that could be done to support rideshare in doing the one thing their drivers do very well: move people and things to where they need to be. While having all the windows down was more beneficial than turning on the ventilation, opening specific car windows also made a difference. Tweet. A non-provider philanthropic organization (the Organization) wishes to provide certain administrative services, described further below, to support the development and operation of COVID-19 vaccination sites. This is especially relevant for long car rides where aerosol droplets can build up in concentration over time, like in an hour-long ride. They also recently started delivering groceries, medical supplies, and necessary goods to medically vulnerable or transportation-disadvantaged recipients on behalf of nonprofits, government agencies, and health care organizations. Delivering goods rather than people has the additional benefit of not exposing drivers to potentially infectious but asymptomatic customers. Riding in a car with someone outside of your home carries a risk of COVID-19 infection for yourself and others. Some states were unable to allow TNCs to provide NEMT because of historical barriers, driver requirements, or other obstacles. TNCs can do more than just provide NEMT during the current crisis. During the current pandemic, movement has slowed as people shelter in place. Because no information was provided with respect to the donor, and given the numerous potential variations on the facts depending on the nature of donors, this response focuses only on the financial relationship between the FQHC and the Federal health care program beneficiary receiving free COVID-19 testing services from the FQHC. Non-Emergency Medical Transportation (NEMT), transportation to medical appointments, pharmacies, lab visits, and other types of routine care for the transportation-disadvantaged, aims to reduce this barrier. We believe an oncology practice's provision of free or discounted lodging to certain financially needy Federal health care program beneficiaries presents a low risk of fraud and abuse under the Federal anti-kickback statute and the Beneficiary Inducements CMP if the following conditions are met: (1) the patient resides at least 50 miles from the treatment site; (2) the patient is an established patient of the oncology practice who has already scheduled chemotherapy or radiation treatment prior to the offer of free or discounted lodging; (3) the patient's physician determines that free or discounted lodging would facilitate access to care while the patient is receiving chemotherapy or radiation treatment; (4) the oncology practice reasonably believes that the patient would have qualified for free or discounted housing during treatment at a nonprofit lodging facility that is closed as a result of the COVID-19 public health emergency; (5) the remuneration is in-kind, such as a direct payment to a hotel or motel for the appropriate number of nights; (6) the hotel or motel is located in close proximity to the treatment site; (7) the practice does not advertise the availability of free or discounted housing or otherwise use the availability of this remuneration for patient recruitment; and (8) the lodging is provided during the COVID-19 public health emergency. Patients need to be advised that if they have confirmed or suspected COVID-19 and are seeking help or are experiencing a medical emergency, rideshares are not the right transportation option. Woman found clinging to a log in river in National Park is rescued for which the physician is otherwise compensated, the anti-kickback statute is implicated" and explained that "[s]uch payments are suspect under the anti-kickback statute because of the implication that one purpose of the payments is to induce the physician's Federal health care program referrals."
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