On December 26, ASAM submitted comments on amendments to regulations under the Federal anti-kickback statute (AKS). The proposed amendments would modify and add new safe harbors under the statute and exceptions to the beneficiary inducements civil monetary penalty definition of “remuneration” to foster arrangements that would promote care coordination and advance the delivery of value-based care while also protecting patients and taxpayer dollars against harms caused by fraud and abuse.

In its comments, ASAM stressed that AKS regulations should continue to prohibit patient-brokering tactics used by unscrupulous providers to steer patients to certain treatment programs. However, the letter also emphasized the importance of allowing cash and gift cards to be used in substance use disorder treatment as part of contingency management. Contingency management, including the use of cash and gift cards, is one of the only effective psychosocial interventions used to treat methamphetamine use disorder.

Read the proposed rule here.

Read ASAM's full comments here.

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