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61230 Federal Register / Vol 61230 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules and willfully offer, pay, solicit, or Services (the Department), other Federal included in any response to this receive remuneration to induce or and State agencies, and those in the solicitation. reward business reimbursable under health care industry. A. Criteria for Modifying and Federal health care programs. The C. Section 205 of the Health Insurance Establishing Safe Harbor Provisions offense is classified as a felony and is Portability and Accountability Act of punishable by fines of up to $25,000 In accordance with section 205 of and imprisonment for up to 5 years. OIG 1996 HIPAA, we will consider a number of may also impose civil money penalties, Section 205 of the Health Insurance factors in reviewing proposals for new in accordance with section 1128A(a)(7) Portability and Accountability Act of or modified safe harbor provisions, such of the Act (42 U.S.C. 1320a–7a(a)(7)), or 1996 (HIPAA), Public Law 104–191 as the extent to which the proposals exclusion from Federal health care would affect an increase or decrease in: § 205 (the Act), § 1128D, 42 U.S.C. • programs, in accordance with section Access to health care services, 1320a–7d, requires the Department to • 1128(b)(7) of the Act (42 U.S.C. 1320a– the quality of health care services, develop and publish an annual • patient freedom of choice among 7(b)(7)). notification in the Federal Register Because the statute, on its face, is so health care providers, formally soliciting proposals for • competition among health care broad, concern has been expressed for modifying existing safe harbors to the many years that some relatively providers, anti-kickback statute and for developing • the cost to Federal health care innocuous commercial arrangements new safe harbors and Special Fraud programs, may be subject to criminal prosecution Alerts. • the potential overutilization of or administrative sanction. In response In developing safe harbors for a health care services, and to the above concern, section 14 of the criminal statute, OIG thoroughly • the ability of health care facilities to Medicare and Medicaid Patient and reviews the range of factual provide services in medically Program Protection Act of 1987, Public circumstances that may fall within the underserved areas or to medically Law 100–93 § 14, specifically required underserved populations. the development and promulgation of proposed safe harbor subject area so as to uncover potential opportunities for In addition, we will consider other regulations, the so-called ‘‘safe harbor’’ factors, including, for example, the provisions, specifying various payment fraud and abuse. Only then can OIG determine, in consultation with the U.S. existence (or nonexistence) of any and business practices that, although potential financial benefit to health care potentially capable of inducing referrals Department of Justice, whether it can effectively develop regulatory professionals or providers that may take of business reimbursable under Federal into account their decisions whether to health care programs, would not be limitations and controls that will permit beneficial and innocuous arrangements (1) order a health care item or service or treated as criminal offenses under the (2) arrange for a referral of health care anti-kickback statute and would not within a subject area while, at the same time, protecting Federal health care items or services to a particular serve as a basis for administrative practitioner or provider. sanctions. OIG safe harbor provisions programs and their beneficiaries from have been developed ‘‘to limit the reach abusive practices. B. Criteria for Developing Special Fraud of the statute somewhat by permitting II. Solicitation of Additional New Alerts certain non-abusive arrangements, while Recommendations and Proposals In determining whether to issue encouraging beneficial and innocuous additional Special Fraud Alerts, we will arrangements’’ (56 FR 35952, July 29, In accordance with the requirements consider whether, and to what extent, 1991). Health care providers and others of section 205 of HIPAA, OIG last the practices that would be identified in may voluntarily seek to comply with published a Federal Register a new Special Fraud Alert may result in these provisions so that they have the solicitation notification for developing any of the consequences set forth above, assurance that their business practices new safe harbors and Special Fraud as well as the volume and frequency of will not be subject to liability under the Alerts on December 28, 2016 (81 FR the conduct that would be identified in anti-kickback statute or related 95551). As required under section 205 the Special Fraud Alert. administrative authorities. OIG safe of the Act, a status report of the Dated: December 12, 2017. harbor regulations are found at 42 CFR proposals OIG received for new and part 1001. modified safe harbors in response to Daniel R. Levinson, that solicitation notification is set forth Inspector General. B. OIG Special Fraud Alerts in Appendix F of OIG’s Fall 2017 [FR Doc. 2017–27117 Filed 12–26–17; 8:45 am] OIG periodically issues Special Fraud Semiannual Report to Congress.1 OIG is BILLING CODE 4152–01–P Alerts to give continuing guidance to not seeking additional public comment health care providers with respect to on the proposals listed in Appendix F practices OIG considers to be suspect or at this time. Rather, this notification DEPARTMENT OF THE INTERIOR of particular concern. The Special Fraud seeks additional recommendations Alerts encourage industry compliance regarding the development of new or Fish and Wildlife Service by giving providers guidance that can be modified safe harbor regulations and applied to their own practices. OIG new Special Fraud Alerts beyond those 50 CFR Part 17 Special Fraud Alerts are published in summarized in Appendix F. [Docket No. FWS–HQ–ES–2017–0047; the Federal Register and on our website A detailed explanation of 4500090024] and are intended for extensive justifications for, or empirical data RIN 1018–BC83 distribution. supporting, a suggestion for a safe In developing Special Fraud Alerts, harbor or Special Fraud Alert would be Endangered and Threatened Wildlife OIG relies on a number of sources and helpful and should, if possible, be and Plants; Listing the Yangtze consults directly with experts in the Sturgeon as an Endangered Species subject field, including those within 1 The OIG Semiannual Report to Congress can be OIG, other agencies of the U.S. accessed through the OIG website at http:// AGENCY: Fish and Wildlife Service, Department of Health and Human oig.hhs.gov/publications/semiannual.asp. Interior. VerDate Sep<11>2014 20:10 Dec 26, 2017 Jkt 244001 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 E:\FR\FM\27DEP1.SGM 27DEP1 daltland on DSKBBV9HB2PROD with PROPOSALS Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules 61231 ACTION: Proposed rule. and Wildlife Service, MS: ES, 5275 and existing regulations that may be Leesburg Pike, Falls Church, VA 22041– addressing those threats. SUMMARY: We, the U.S. Fish and 3803; telephone, 703–358–2171; (4) Additional information concerning Wildlife Service (Service), announce a facsimile, 703–358–2499. If you use a the historical and current status, range, proposed rule and a 12-month finding telecommunications device for the deaf distribution, and population size of the on a petition to list the Yangtze sturgeon (TDD), call the Federal Relay Service at species, including the locations of any (Acipenser dabryanus) as an endangered 800–877–8339. additional populations of the species. species under the Endangered Species SUPPLEMENTARY INFORMATION: Please include sufficient information Act of 1973, as amended (Act). Loss of with your submission (such as scientific individuals due to overharvesting on the Information Requested journal articles or other publications) to Yangtze River is the main factor that Public Comments allow us to verify any scientific or contributed to the historical decline of commercial information you include. the species. Despite conservation efforts, Our intent, as required by the Act (16 Please note that submissions merely this species is still currently in decline U.S.C. 1531 et seq.), is to use the best stating support for or opposition to the due primarily to the effects of dams and available scientific and commercial data action under consideration without bycatch. If we finalize this rule as as the foundation for all endangered and providing supporting information, proposed, it would extend the Act’s threatened species classification although noted, will not be considered protections to this species. We seek decisions. Further, we want any final in making a determination, as section information from the public on this rule resulting from this proposal to be 4(b)(1)(A) of the Act directs that proposed rule and the status review for as accurate and effective as possible. determinations as to whether any this species. Therefore, we invite the range country, governmental agencies, the scientific species is an endangered or threatened DATES: We will consider comments and species must be made ‘‘solely on the information received or postmarked on community, industry, and other interested parties to submit comments basis of the best scientific and or before February 26, 2018. Comments commercial data available.’’ submitted electronically using the regarding this proposed rule. Comments should be as specific as possible. You may submit your comments and Federal eRulemaking Portal (see materials concerning this proposed rule ADDRESSES, below) must be received by Before issuing a final rule to implement this proposed action, we will by one of the methods listed in 11:59 p.m. Eastern Time on the closing ADDRESSES. We request that you send date. We must receive requests for take into account all comments and any additional relevant information we comments only by the methods public hearings, in writing, at the described in ADDRESSES.
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