New OIG FAQ Warns Fair Market Value Alone Does Not Shield AKS Liability

Short summary

OIG clarifies that fair market value (FMV) alone doesn't shield healthcare arrangements from Anti-Kickback Statute liability; compliance requires full facts-and-circumstances analysis including intent. Safe harbors require strict compliance with all conditions, not just FMV. Organizations cannot rely on FMV remuneration when bad intent is evident.

• •FMV compliance is a best practice but insufficient alone—AKS analysis depends on totality of facts and intent
• •Safe harbor protection requires strict compliance with ALL conditions, not just the FMV component
• •Intent-based scrutiny remains: FMV remuneration may not protect arrangements with evidence of inducing referrals

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