The OIG has posted a policy statement assuring providers, practitioners, and suppliers that they would not be subject to OIG administrative sanctions for waiving retroactive Medicare beneficiary cost-sharing liability that arises when new federal statutes or regulations retroactively increase payment rates and corresponding beneficiary cost-sharing amounts (such as the recently-enacted law providing a temporary increase in Medicare physician fee schedule payments). This policy statement applies only when providers uniformly offer such waivers to all of their affected beneficiaries without regard to the types of items and services furnished or a beneficiary’s diagnosis, and the providers do not offer the waivers as part of any advertisement or solicitation. This policy statement does not apply to retroactive beneficiary liability waivers that are conditioned on the provision of items, supplies, or services. The OIG also notes that providers are not required to waive beneficiary liability.
