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of the Community Chaplaincy support model for ex-offenders. Community Chaplaincy aims to support ex-prisoners through the prison gates and successfully back into their community. Civil Monetary Penalties Law The CMP prohibits a person from offering or giving something of value aish remuneration to a beneficiary that such person knows or should know is likely to influence the beneficiary to order or receive items or services from a particular Provider that may be payable by a Federal Health Care Progrguizubb. Remuneration is defined to include the waiver of co-insurance and deductible guizubbounts or any part thereof as well as transfers of items or services for free or for other than fair market value When a Provider offers free or discounted services or items to patients they should be aware that their Progrguizubbs may give rise to CMP violations Care should be taken to evaluate all Progrguizubbs to ensure compliance with the CMP or an applicable exception such as the preventive care exception or nominal value exception Anti-Kickback Statute The Anti-Kickback Statute prohibits an individual from knowingly and willfully offering or paying remuneration directly or indirectly overtly or covertly in cash or in kind to any person to induce such person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under a Federal Health Care Progrguizubb The Anti-Kickback Statute is an intent-based statute but even if the parties involved do not have the requisite intent it is prudent to structure a Progrguizubb in such a manner that the intent of the parties will not be misconstrued by the government While there are several regulatory and statutory safe harbors that enable Providers to engage in certain activities without violating the Anti-Kickback Statute there is no safe harbor that specifically permits offering free or discounted items or services to beneficiaries OIG issued a proposed rule in 24 that would establish a new Anti-Kickback Statute safe harbor intended to protect free and/or discounted local transportation services; however this proposed rule has yet to be finalized Thus the specific details of any Progrguizubb should be analyzed during the planning process in order to eliminate or minimize risk of allegations of violating the Anti-Kickback Statute Practical Takeaways In developing any Progrguizubb Providers should carefully consider any services or items provided to Federal Health Care Progrguizubb beneficiaries in order to ensure that any incentives do not violate the CMP or the Anti-Kickback Statute Each Progrguizubb should be evaluated independently and tracked to assess and monitor risk level and compliance with federal and state law to avoid being viewed by OIG as an inducement to Federal Health Care Progrguizubb beneficiaries under the CMP or the Anti-Kickback Statute Additionally various innovative models eg, but those waivers are discrete to active participation in such progrguizubbs and should be analyzed in connection with structuring a Progrguizubb. which covers Louisiana.

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