The Office of Inspector General (OIG) of the Department of Health and Human Services (HHS) is accepting public proposals for new or modified safe harbor provisions under the Federal Anti-Kickback Statute, as well as recommendations for new Special Fraud Alerts. The deadline to submit ideas is 5 p.m. ET on February 9, 2026.
This annual solicitation seeks input on regulatory changes that could protect business arrangements while safeguarding federal healthcare programs from fraud and abuse. Proposals may address either the creation or modification of safe harbors, or suggest topics for Special Fraud Alerts.
OIG will consider factors such as the impact on access to and quality of healthcare services, patient choice, provider competition, costs to federal programs, potential for overutilization, and the ability to serve medically underserved populations. The agency will also assess whether proposed arrangements could improperly influence healthcare professionals’ decisions.
For Special Fraud Alerts, OIG evaluates the potential risks and frequency of the practices in question, and their possible adverse effects on federal healthcare programs. These periodically published alerts provide the industry guidance from information blocking to speaker programs to joint venture relationships.
Comments and recommendations can be submitted electronically at regulations.gov or by mail to OIG Regulatory Affairs. This is an opportunity for stakeholders to help shape future safe harbors, which could allow further healthcare innovation and protection for common business arrangements. Successful comments should balance this with the government’s concerns with fraud and abuse in federal healthcare programs.