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HHS Issues Final Cybersecurity Safe Harbor and Exception | Faegre Drinker Biddle & Reath LLP


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On November 20, 2020, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) and the Centers for Medicare and Medicaid Services (CMS) each released a final rule (the Final Rules). The Final Rules were both formally published in the Federal Register on December 2, 2020. Among other updates, the OIG final rule established a new cybersecurity technology and services donation safe harbor under the Anti-Kickback Statute (the AKS Cybersecurity Safe Harbor
1), and the CMS final rule established a similar exception to the Stark Law (the Stark Cybersecurity Exception ....

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