The Health Reform bill, or the Patient Protection and Affordable Care Act, amended the definition of remuneration in the Civil Monetary Penalties Law. The amendment clarifies that certain charitable activities are not prohibited under the law. The amended law excludes the following from qualifying as remuneration:
Any remuneration which promotes access to care and poses a low risk of harm to patients and Federal health care programs.
The offer or transfer of items or services for free or less than fair market value by a person if the items or services consist of coupons, rebates, or other rewards from a retailer; the items or services are offered to the general public on equal terms regardless of health insurance status; and the offer or transfer of items or services is not linked to another provision of services or items reimbursed in whole or in part by Medicare or Medicaid.
The offer or transfer of items or services for free or less than fair market value by a person if the items or services are not offered as part of any advertisement or solicitation; are not tied to other services reimbursed under Medicare or Medicaid; there is a reasonable connection between the items or services and the medical care of the individual; and the person provides the items or services after determining in good faith that the individual is in financial need.
For more information, please visit www.wachler.com or contact a Wachler & Associates attorney at 248-544-0888.
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