In response to a query from Rep. Jim McDermott , MD (D-Wash.), the agency sent a letter, obtained by the legal firm Hogan Lovells, stating it had reached its conclusion after carefully reviewing the definition of a federal healthcare program and consulting with the Department of Justice.
This means the federal Anti-Kickback Statue doesn’t apply to qualified health plans and therefore won’t present a barrier for hospitals looking to subsidize premiums for health plans purchased through the exchanges, according to an AHA News report.
However, HHS is still taking strong measures to ensure oversight of the PPACA-related programs, and the agency’s Office of Inspector General has the authority to audit, investigate and evaluate them, according to the letter.
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