Paul Gomez Quoted in “ACA Spurs Feds to Rethink Anti-Kickback Policies” – Law360


Paul Gomez, Member of the Firm in the Health Care and Life Sciences and Corporate Services practices, in the firm’s Los Angeles office, was quoted by Law360 in “ACA Spurs Feds to Rethink Anti-Kickback Policies.” (Read the full version - subscription required.)

Following is an excerpt:

An inspector general's striking new proposal to relax anti-kickback policies is an acknowledgment that the Affordable Care Act's vision of lower costs and higher-quality care may require hospitals, insurers and pharmacies to have more leeway to provide discounts and incentives that have long been off-limits, experts say. …

“This all is tying in to some of the overall goals of the Affordable Care Act,” Epstein Becker Green member Paul A. Gomez said. …

In addition to considering flexible definitions, the inspector general asked whether it should allow free rides to nonmedical social services, such as counseling or food banks, that may support good health.

“Right now, there would be a question about whether you could safely provide those services to a patient,” Gomez said. …

[T]he OIG appeared eager to receive feedback, and several attorneys said that companies shouldn’t miss the opportunity to shape policies that may have major implications for business operations and the success of the ACA.

“I think it would be wise for health care providers to heed that request,” Gomez said. “This has the potential to be a very productive development.”